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AF | BCMR | CY2013 | BC-2013-00181
Original file (BC-2013-00181.txt) Auto-classification: Denied
		RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00181
	 		COUNSEL: NONE
	 		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) election be changed to the minimum threshold that is indicated on the original DD Form 2656, Data for Payment of Retired Personnel.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His wife was unavailable to sign before 2 Jul 2012 as she was out of state without any means of direct communication.  

In support of his request, the applicant provides a copy of his DD Form 2656.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit B.   

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  DPFFF states the applicant was married with eligible children when he retired effective 1 Jul 2012.  He completed an election for $747 (threshold amount at the time of his retirement).  However, his wife dated her concurrence after his retirement which invalidated the election.  Consequently, the Defense Finance and Accounting Service (DFAS) established coverage based on the full retired pay to comply with the law.  

The applicant failed to respond to DPFFF’s letter, dated 19 Apr 2013, requesting he provide a notarized statement signed by his wife to acknowledge she understood that if her husband dies, SBP coverage now in effect would provide her an SBP annuity currently valued at no less than $1196.00 and approval of his request would result in her receiving a reduced level of SBP coverage ($410.00).  Absent a valid concurrent statement, the applicant may exercise his option under Public Law 105-85 to terminate all SBP participation beginning on 1 Jul 2014.  

The complete DPFFF evaluation is at Exhibit B.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 May 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

_______________________________________________________________

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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

_______________________________________________________________

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 Docket Number BC-2013-00181 in Executive Session on 30 Oct 2013, under the provisions of AFI 36-2603:
 
       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:  

    Exhibit A.  DD Form 149, dated 1 Dec 2012, w/atchs.
    Exhibit B.  Letter, AFPC/DPFFF, dated 16 May 2013.
    Exhibit C.  Letter, SAF/MRBR, dated 31 May 2012.
    

				Panel Chair 


								 
 

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