RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04851
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) coverage be cancelled and he be
reimbursed for all SBP premiums withheld from his retired pay
account.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He has requested cancellation of his SBP coverage on five
occasions. Every time he was informed to submit additional
paperwork; however, upon his last request, he was informed to
submit an application to the Board.
The applicant does not provide any additional evidence in
support of his appeal.
The applicants complete submission is at Exhibit A.
________________________________________________________________
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STATEMENT OF FACTS:
The applicant married on 1 October 2011 and retired effective
1 March 2012.
The remaining relevant facts, extracted from the applicants
military personnel records, are contained in the evaluation by
the Air Force office of primary responsibility at Exhibit C.
________________________________________________________________
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AIR FORCE EVALUATION:
DFAS-JFBE/CL recommends denial. DFAS states the Air Force has
confirmed they do not have a record of the applicant completing
a DD Form 2656 prior to his retirement. As a result, automatic
SBP coverage was established. In accordance with Title 10,
United States Code (USC), Section 1449(a), a participant in SBP
may elect to discontinue participation during the 25th through
36th month after commencement of payment of retired pay. In
order to discontinue participation in the SBP, completion of DD
Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, is
required.
DFAS indicates that according to the law, they cannot
discontinue the applicants SBP coverage. However, if the Board
should decide to grant the applicants request, the record
should be corrected to show that he did submit a DD Form 2656
declining SBP coverage for his spouse; they will adjust his
retired pay account accordingly.
The complete DFAS-JFBE/CL evaluation, with attachment, is at
Exhibit C.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 2 May 2014, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
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THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After
reviewing the evidence of record, we are not persuaded that the
applicant has been the victim of an error or injustice. The
evidence indicates the applicant did not make an SBP election by
completing a DD Form 2656 prior to his retirement; therefore,
since he was married at the time of his retirement, automatic
coverage was established. We find no error in his automatic
enrollment. We note that in accordance with Title 10, USC,
Section 1448(a), the applicant can discontinue participation in
the SBP during the 25th through the 36th month after his retired
pay commenced, by completing and submitting a DD Form 2656-2,
Survivor Benefit Plan (SBP) Termination Request. However, such
a request must include the concurrence of his spouse at the time
of his 1 March 2012 retirement, if they are still legally
married. Therefore, based on the foregoing, we agree with the
opinion and recommendation of DFAS-JFBE/CL and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Accordingly, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-04851 in Executive Session on 27 June 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 13.
Exhibit B. Letter, DFAS-JFBE/CL, 18 Nov 13, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 2 May 14.
Panel Chair
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