RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01848
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to reflect he declined coverage under the Survivor Benefit Plan (SBP).
APPLICANT CONTENDS THAT:
He initially declined SBP. However, he was erroneously advised to complete the DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, during his out-processing. When the error was discovered, he was subsequently advised to accomplish the DD Form 2656, Data for Payment of Retired Personnel.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 27 November 2012, the applicant was relieved from his assignment in the grade of staff sergeant and transferred to the retired reserve to await reserve retired pay at age 60. He was determined to be physically disqualified for active duty and eligible for retirement except for attainment of eligibility age.
On 27 November 2012, the applicant initiated a DD Form 2656-5, in which he elected Option A, declining to make a RCSBP election until age 60.
On 29 November 2012, the applicant initiated a DD Form 2625, in which he elected not to participate in SBP.
A copy of the marital status affidavits were forwarded to the applicant on 5 May 2014 (Exhibit C).
The applicant responded with a signed and notarized affidavit, dated 21 June 2014, indicating that he is currently married and his spouse has completed a Release of Benefits.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit E.
AIR FORCE EVALUATION:
DFAS-JFBE/CL recommends denial. In accordance with Title 10, United States Code (USC), Section 1448(a)(2)(A), a person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouses concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay. In this case, the applicant currently has SBP coverage for his spouse. He was provided automatic coverage since the DD Form 2625 was signed and dated after his retirement date.
A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 30 September 2014 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F).
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. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-01848 in Executive Session on 6 May 2015, under the provisions of AFI 36-2603:
Vice Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 April 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 5 May 2014, w/atchs.
Exhibit D. Marital Status Affidavit-Retiree, dated
21 June 2014.
Exhibit E. Memorandum, DFAS-JFBE/CL, dated 5 August 2014.
Exhibit F. Letter, SAF/MRBR, dated 30 September 2014.
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AF | BCMR | CY2014 | BC 2014 02063
Beginning on 1 Jan 01, service members who failed to make an RCSBP election within 90 days after receiving their eligibility letter are automatically enrolled in under Option C (immediate annuity on day after date of death) for his dependents. Due to the service member receiving his eligibility letter prior to effective date for automatic SBP coverage, the requested relief cannot be granted by law. While the applicant argues that it is unfair that service members who failed to make an...
AF | BCMR | CY2014 | BC 2014 03865
He was not aware the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, he signed on 14 Sep 94 requesting RCSBP spouse coverage would be used for retirement since he was not yet retired. We note the applicant did not request his RCSBP election for spouse coverage be terminated within 90 days of notification of eligibility for Reserve component retired pay IAW 10 U.S.C. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate...
AF | BCMR | CY2013 | BC 2013 04851
DFAS indicates that according to the law, they cannot discontinue the applicants SBP coverage. The evidence indicates the applicant did not make an SBP election by completing a DD Form 2656 prior to his retirement; therefore, since he was married at the time of his retirement, automatic coverage was established. Exhibit C. Letter, SAF/MRBR, dated 2 May 14.
AF | BCMR | CY2014 | BC 2014 01924
APPLICANT CONTENDS THAT: At the time of his retirement, he elected spouse and child coverage; however, due to his divorce the, SBP coverage was changed to former spouse and child. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice. ...
AF | BCMR | CY2014 | BC 2014 03359
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03359 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her ARPC IMT 123, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, be deleted from her file, cancelling her RCSBP. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at...
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03355 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His current spouse be designated his Survivor Benefit Plan (SBP) beneficiary. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will...
AF | BCMR | CY2013 | BC 2013 02294
At the time of his retirement he was not married and did not have any eligible children for SBP coverage. For this reason, the applicant is unable to elect spouse SBP coverage for his spouse at this time. We took notice of the applicant's complete submission in judging the merits of the case; however, we do not find the evidence sufficiently persuasive to override the rationale expressed by the Air Force office of primary responsibility (OPR).
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In support of her request the applicant provides copies of her DD Form 2656, Data for Payment of Retired Personnel; ARPC Form 83, Application for Retired Pay; DFAS CL 7220/148, Retiree Account Statement; Reserve Order EL-2550 and ARPC/DPTTR memorandum dated 11 Apr 2013. On 7 Jul 2012, she declined coverage under the SBP, and her spouse concurred in her decision. Exhibit C. Letter, SAF/MRBR, dated 5 Jul 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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Also, there is no evidence DFAS received a request from the applicant deeming a SBP election during the first year following the divorce. Subsequently, on 14 September 2012, a second DD Form 2656-10 was forwarded to DFAS; however, DFAS did not honor the applicants request because the 16 June 2011 court order was dated after the members retirement date. The member elected SBP coverage for his former spouse a month prior to establishing SBP coverage for his current spouse.