RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00480
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. His records be changed to reflect that he declined an election
for spouse coverage under the Survivor Benefit Plan (SBP).
2. He be credited for the SBP premiums withheld from his retired
pay account.
APPLICANT CONTENDS THAT:
He does not want the SBP premiums taken out of his monthly
retirement check. His spouse is a retired colonel and he did not
request spouse SBP coverage.
He retired and did not receive any pay and/or information
regarding his pay until January 2013. Defense Finance and
Accounting Service (DFAS), stated he should get paid in February
2013, less the SBP deduction.
The applicant did not provide any documentation in support of his
request.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 30 Nov 13, the applicant retired from the Air Force Reserve
(USAFR).
AIR FORCE EVALUATION:
DFAS makes no recommendation. In accordance with Title 10, United
States Code (USC), section 1448(a), a participant in SBP may elect
to discontinue participation during the 25th through the 36th month
after commencement of payment of retired pay. In order to
discontinue participation in the SBP, completion of DD Form 2656-
2, Survivor Benefit Plan Termination Request is required under the
provisions of 10 USC, section 1448(a).
The complete DFAS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He states the DFAS advisory opinion is correct. However, he was
not fully aware of what SBP was when he signed the form. His mind
was not in the right place because his unit was busy changing over
from the C-5 to the C-17 airframe. He takes full responsibility
for his actions; however, his spouse is a retired colonel and has
her own financial support in the event something should happen to
him.
The applicants complete submission is at Exhibit E.
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 injustice to warrant
correcting his record to show that he declined SBP coverage or to
credit him for SBP premiums withheld from his retired pay. We
note the applicant states he was not fully aware of what SBP was
when he signed the form and states his mind was not in the right
place, however, we do not find his comments sufficiently
persuasive. Therefore, we conclude the applicant has failed to
sustain his burden of proof that he has been the victim of an
error or injustice. As pointed out by the OPR, the applicant may
elect to discontinue participation during the 25th through the 36th
month after commencement of payment of retired pay. In view of the
above and 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 AFBCMR Docket Number
BC-2014-00480 in Executive Session on 17 Feb 15, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jan 14.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, DFAS, dated 1 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Apr 14.
Exhibit E. Letter, Applicant, dated 30 Apr 14.
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