AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01547
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be corrected to reflect she elected child only
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. On 4 May 04, while stationed at Misawa Air Base, Japan she
completed a DD Form 2656, Data for Payment of Retired Personnel
and elected child only coverage under SBP. She selected child
only coverage because her (then) husband was on active duty and
did not need to be covered at that time. They felt the money
could be used elsewhere.
2. Her husband concurred and signed the SBP election the same
date. The SBP counselor asked the questions, she answered and
he marked the responses. She and her husband signed the form
and thought everything was taken care of. She failed to mark
the block on the DD Form 2656, to indicate the level of coverage
and the SBP counselor failed to notice the omission.
3. Between 25 Jan 12, and 13 Apr 12, she talked with several
Defense Finance and Accounting Service (DFAS) Military
Retirement Pay personnel but never got an answer regarding the
error. However, on 17 Apr 12, she was informed the DD Form
2656 was “invalid.”
4. She was going through mental and physical problems a few
years before and after her retirement and did not notice the SBP
coverage was incorrect until she was updating her records due to
her divorce.
In support of her request, the applicant provides a personal
statement, a copy of her DD Form 2656, emails, and various other
documents associated with her request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Apr 91, the applicant and her former spouse were married,
and she elected child only SBP coverage prior to her 1 Nov 04,
retirement. On 27 Mar 12, the parties divorced and the divorce
decree did not address SBP.
On 17 May 12, by email, AFPC/DPSIAR requested the applicant
provide a complete copy of her final divorce decree, to include
the separation/martial settlement agreement. In response to
DPSIARs request the applicant responded by email stating her
intention on 4 May 04, was to elect child only coverage under
SBP based on full retired pay.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. DPSIAR states there is
evidence of Air Force error; therefore, they recommend the
applicant’s record be corrected to reflect she submitted a valid
SBP election for child only coverage based on full retired pay
effective 1 Nov 04.
The complete DPSIAR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 18 Jun 12, for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the facts and circumstances of this case, we
agree with the Air Force office of primary responsibility that
the applicant was the victim of an Air Force error and in the
2
interest of justice; we recommend her records be corrected as
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating APPLICANT be corrected to show that on 1 November
2004, she submitted a valid election for child only coverage
under the Survivor Benefit Plan (SBP) based on full retired pay.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01547 in Executive Session on 12 Feb 13, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Apr 12, w/atchs.
Exhibit B. Applicant’s Master Personnel Record.
Exhibit C. Letter, AFPC/DPSIAR, dated 30 May 12.
Exhibit D. Letter, SAF/MRBR, dated 18 Jun 12.
Panel Chair
Member
Member
Panel Chair
3
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