RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00361
XXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to change his spouse and child coverage under the
Survivor Benefit Plan (SBP) from full to a reduced level of
retired pay.
________________________________________________________________
APPLICANT CONTENDS THAT:
He made every effort to have the SBP reduced to the minimum rate
prior to his retirement. However, he was not successful since
the SBP coordinator was on leave and no one else could assist
him prior to his retirement.
The applicant provides no documents in support of his request.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. DPFFF states that an SBP election
may not be arbitrarily terminated as long as the beneficiary
remains eligible; however, Public Law 105-85 authorized retirees
to terminate SBP coverage during the 25th through the 36th month
after commencement of retired pay. Retirees must complete a DD
Form 2656-2, Survivor Benefit Plan (SBP) Termination Request,
and obtain the spouse's notarized consent. Disenrollments are
effective the month following the Defense Finance and Accounting
Service - Cleveland Center's (DFAS-CL) receipt of a properly
completed request, which must have been postmarked not later
than the end of the 36th month following the effective date of
retirement. The law does not require DFAS-CL to individually
notify retirees of their option to disenroll during the one-year
period and there is no refund of premiums. With regard to the
applicants attempt to change his SBP election to a reduced
level of coverage after his retirement date; item R(1) of the
SBP Report of Individual Person (RIP) clearly states the DD Form
2656, Data for Payment of Retired Personnel, must be completed
and provided to the SBP Counselor prior to his retirement date.
This would include any changes to his original election. The
applicant's signature in Section XI, Item 30a, of the DD Form
2656 also indicates acknowledgment he received counseling that
he could terminate SBP participation, with his wife's written
concurrence, within one year after the second anniversary of
commencement of retired pay. Approval of this request would
provide the applicant an opportunity not afforded other
retirees. The applicant may disenroll with his wife's written
concurrence, during the one-year period beginning 1 Jan 2015 as
authorized by PL 105-85.
The complete DPFFF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 Jun 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
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. 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 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 this application
in Executive Session on 30 Sep 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00361:
Exhibit A. DD Form 149, dated 15 Jan 2013.
Exhibit B. Letter, AFPC/DPFFF, dated 22 May 2013.
Exhibit C. Letter, SAF/MRBR, dated 7 Jun 2013.
Panel Chair
AF | BCMR | CY2013 | BC 2013 02670
Public Law (PL) 99-145 requires spouses of married service members to concur in writing, prior to the service members retirement in SBP elections that provide less than full spouse coverage. The applicant was briefed on the options and effects of the SBP, and elected to decline SBP coverage prior to his 1 Aug 12 retirement. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 13.
AF | BCMR | CY2012 | BC-2012-04670
The concurrence must be signed, dated and notarized to be valid. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision the applicant is not the victim of an error or injustice. ________________________________________________________________ The following members of the Board considered AFBCMR...
AF | BCMR | CY2008 | BC-2007-01630
He elected spouse only SBP coverage based on full-retired pay prior to his 1 April 2001 retirement. Retirees must complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and obtain the spouse’s notarized consent. Finally, the election form which the applicant signed five months prior to his retirement contains a specific statement that retiring members have been counseled on the termination provision.
AF | BCMR | CY2011 | BC-2011-00200
There is no evidence the applicant submitted a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, during the disenrollment period. 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. ...
AF | BCMR | CY2006 | BC-2006-00657
The applicant provided a copy of the DD Form 2656-2 dated 30 Jun 98. Applicant provided a statement from his spouse, concurring with his request to terminate RCSBP. We note that the applicant’s spouse has submitted a statement concurring in the permanent revocation of her SBP coverage currently in effect; however, the eligibility period for this action was between the 25th and 36th month following the effective date of his retirement.
AF | BCMR | CY2004 | BC-2004-02108
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AF | BCMR | CY2009 | BC-2008-02577
In support of her request, the applicant provided a copy of her DD Form 2656, Data for Payment of Retired Personnel, DD Form 2656-2, Survivor benefit Plan (SBP) Termination Request, and a letter from the Defense Finance and Accounting Service (DFAS) Retired and Annuity Pay Office. The applicant’s contentions are duly noted; 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...
AF | BCMR | CY2003 | BC-2003-01361
He was told both times that he would not be able to cancel the plan until 1 Apr 03. Disenrollments are effective upon receipt of a properly completed request by DFAS-CL, postmarked not later than the member’s third anniversary of receiving retired pay. 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 their rationale as the basis for our...
AF | BCMR | CY2008 | BC-2007-04088
_________________________________________________________________ APPLICANT CONTENDS THAT: Her father has not had contact with his spouse for over 15 years and financially he can no longer afford SBP premiums. There is no record the applicant submitted a DD Form 2656-2 required to terminate his SBP coverage during the disenrollment period provided by PL 105-85. There is no evidence of an Air Force error or injustice in this case; therefore, DPPRT recommends the request be denied.
AF | BCMR | CY2007 | BC-2007-01425
DPPRT states that Public Law (PL) 99-145 requires spouses of married servicemembers to concur in writing, prior to the servicemember’s retirement, in SBP elections that provide less than full spouse coverage. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the 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...