RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03963 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her records be corrected to reflect that she declined coverage 
under the Survivor Benefit Plan (SBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She completed DD Form 2656, Data for Payment of Retired 
Personnel, electing not to take part in SBP and had it 
notarized. When she received her first retirement check, it did 
not appear Defense Finance and Accounting Service (DFAS) 
received her form because no state taxes were being taken out, 
her dependents were incorrect, and SBP was being taken out. She 
called DFAS in August 2010 to correct the problem and was told 
to fax a DD Form 2656. 

 

In support of her request, the applicant provides a copy of DD 
From 2656. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 August 2010, the applicant retired from the Utah Air 
National Guard. She was married and had eligible children prior 
to retirement. The applicant completed an election to decline 
SBP coverage; however, her husband’s concurrence was dated prior 
to the date of her signature, invalidating the election. Absent 
a valid election, DFAS established spouse and child coverage 
based on full-retired pay to comply with the law. In the event 
of her death, her husband is currently entitled to receive SBP 
payments of approximately $1,353 per month. 

 

________________________________________________________________ 

 

 

 

 

AIR FORCE EVALUATION: 

 


AFPC/DPSIAR recommends denial. DPSIAR on 5 November 2010, they 
requested the applicant obtain a notarized statement signed by 
her husband to acknowledge he understands retired pay ceases 
when the applicant dies and approval of her request would result 
in him receiving no monetary benefit from the Air Force upon her 
death. If the applicant had responded, DPSIAR would grant 
relief using their authority under Title 10 USC 1454 to correct 
administrative errors. Absent a valid concurrence statement, the 
applicant may exercise her option under Public Law (PL) 105-85 
to terminate all SBP participation beginning on 1 August 2012. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 23 December 2010, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days. As of this date, this office has not received a 
response (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 (OPR) and 
adopt it’s rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. In 
absent of evidence to the contrary, we find no basis to 
recommend granting the relief sought. 

 

________________________________________________________________ 

 

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-2010-03963 in Executive Session on 1 June 2011, under 
the provisions of AFI 36-2603: 


The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 Oct 10, w/atch. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 2 Dec 10, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 23 Dec 10.