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AF | BCMR | CY2013 | BC-2012-01547
Original file (BC-2012-01547.pdf) Auto-classification: Approved
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 

 

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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 

  

 

 

 

 

  
 

 
 

 

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