RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03360 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His spouse and child coverage under the Survivor Benefit Plan (SBP) be terminated. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He did not elect SBP coverage. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who was placed on the Temporary Disability Retired List (TDRL) effective 29 August 2011. The remaining relevant facts are contained in the letter prepared by the Air Force office of primary responsibility (OPR) at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIAR recommends approval. DPSIAR states that the Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant was married and had eligible children prior to being placed on the TDRL. He retired from Ramstein Air Base, Germany; however, their office cannot determine why he did not complete an SBP election prior to that date. Absent a valid election, the Defense Finance and Accounting Service (DFAS) properly established spouse and child coverage based on full retired pay to comply with the law. The applicant’s wife provided a written concurrence statement, in which she acknowledged permanently terminating her entitlement to future SBP protection and payments. DPSIAR states that there is no evidence the applicant received an SBP briefing or made an election prior to his retirement. Subsequently, the applicant and his wife were provided information and briefed on the options and effects of the SBP by their office. Based on the possibility of an administrative error, it would be appropriate to grant relief. The complete DPSIAR evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 August 2012, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After thoroughly reviewing the evidence in this case, we believe favorable consideration of the applicant’s request is warranted. We note the Air Force office of primary responsibility has indicated that there is no evidence the applicant received an SBP briefing or made an election prior to his retirement. We also note the applicant’s spouse has provided a notarized statement agreeing to permanently terminate her SBP entitlement. Therefore, we recommend the member’s records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 28 August 2011, he declined coverage under the Survivor Benefit Program. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-03360 in Executive Session on 7 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence for AFBCMR Docket Number BC-2012- 03360 was considered: Exhibit A. DD Form 149, dated 30 Jul 12, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 23 Aug 12. Exhibit C. Letter, SAF/MRBR, dated 30 Aug 12. Panel Chair 2 3