RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04670 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he declined coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ APPLICANT CONTENDS THAT: He and his wife decided not to participate in the SBP program. However, while completing the DD Form 2656, Data for Payment of Retired Personnel, they were told by the counselor not to date his wife signature because her signature could not be made prior to his signature, and that the date of the notary public would be used to prove the date his wife signed the form. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. DPFF notes Public Law (PL) 99-145 requires spouses of married service members to concur in writing, prior to the service member’s retirement, in SBP elections that provide less than full spouse coverage. The concurrence must be signed, dated and notarized to be valid. The Defense Finance and Accounting Service-Cleveland (DFAS-CL) will upon receipt of an invalid election establish SBP coverage at the maximum level for eligible beneficiaries to comply with law. PL 105-85 provides for a one-year period beginning on the 25th month following commencement of retired pay, during which the SBP participants may choose to voluntarily discontinue their participation. In order for the service member to disenroll, the service member has to submit a DD Form 2656-2, SBP Termination Request to the DFAS–CL with the spouses’ notarized consent. Withdrawals are effective the month following DAFS– CL’s receipt of a valid request. A request is considered valid if it postmarked no later than the service member’s third year anniversary of receiving retired pay. If the retired service member fails to exercise the disenrollment option during the one-year eligibility period the SBP election is considered permanent and is irrevocable as long as the beneficiary remains eligible. The applicant was briefed on the options and effects of the SBP, and elected to decline SBP coverage prior to his 1 Apr 12 retirement. The election was deemed to be invalid due the applicant’s wife failing to date her concurrence. Subsequently, DFAS-CL established spouse and child coverage based on full retired pay to comply with law. DPFFF requested the applicant provide a notarized statement from his wife relinquishing her entitlement to the SBP annuity. The applicant failed to respond. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Dec 12, for review and comment within 30 days. As of this date, no response has been received by this office. ________________________________________________________________ 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 applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision the applicant is not the victim of an error or injustice. We note that under the provisions of the laws that govern SBP, the applicant will have an opportunity to terminate participation in SBP beginning 1 Apr 14, provided he obtains his spouse’s written concurrence. Therefore, 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 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-2012-04670 in Executive Session on 17 Jun 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Oct 12, w/atchs. Exhibit B. Letter, AFPC/DPFFF, dated 11 Dec 12. Exhibit C. Letter, SAF/MRBR, dated 21 Dec 12.