RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2013-00918
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His record be changed to show he declined coverage under the
Survivor Benefit Plan (SBP) and he be refunded premiums deducted
from his retired pay after his divorce.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Upon retirement on 1 July 2011, he elected spouse and child
coverage under the SBP. He divorced in August 2011 and
remarried in September 2011. On 12 July 2012, an SBP counselor
forwarded documentation to him regarding SBP. The Defense
Finance and Accounting Service (DFAS) show that the paperwork
submitted in July 2012 was not submitted in a timely manner.
In support of the applicants appeal, he provides a copy of
DD Form 2656, Survivor Benefit Plan Election Change Certificate,
marriage certificate, divorce decree and other documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
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STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force at
Exhibit B.
________________________________________________________________
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AIR FORCE EVALUATION:
DFAS-JFBE recommends denial. DFAS states the applicant divorced
on 20 August 2011 and remarried on 5 September 2011. He has
one-year from the date of his remarriage to not resume any SBP
coverage for his new spouse. If a declination is not received
within one year of the marriage, his new spouse is automatically
covered under SBP. They did not receive his notification until
9 October 2012, stating that he did not want to resume SBP
coverage for his new spouse. This is past the one-year
remarriage date; therefore, his SBP was changed to reflect his
current spouse as his SBP beneficiary. They did not receive the
form that the applicant states was sent/faxed on 12 July 2012 by
the Ramstein Air Base SBP counselor. His paperwork was signed
on 23 July 2012; however, they never received it until 9 October
2012. The applicant did not send any proof that the document
was faxed in July 2012.
According to law, they cannot accept his declination to not
cover his current spouse under SBP since they did not receive
his notification within one year of his marriage. He can still
choose to withdraw from SBP during his 25th through 36th month
of coverage (1 July 2013 through 30 June 2014). If he chooses
to terminate his SBP coverage during the 25th through 36th month
of coverage, he is barred forever and cannot reenter the plan.
The DFAS complete evaluation, with attachment, is at Exhibit B.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 March 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
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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 an error or an 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 failed to sustain his burden of proof of the
existence 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.
________________________________________________________________
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2013-00918 in Executive Session on 7 November 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 February 2013, w/atchs.
Exhibit B. Letter, DFAS/JFBE, dated 20 March 2013, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 22 March 2013.
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________________________________________________________________ _ APPLICANT CONTENDS THAT: Upon his divorce, the Defense Finance and Accounting Service (DFAS) advised him to fax a copy of his original divorce decree and a completed copy of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. On 11 January 2013, DFAS received a DD Form 2656-1 from the applicant requesting to change his SBP election, due to divorce, from spouse and child coverage to...
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