RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04938 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he disenrolled from the Survivor Benefit Plan (SBP) on 21 Jan 11. _________________________________________________________________ APPLICANT CONTENDS THAT: He intended to withdraw from the SBP on the 25th month after his 21 Jan 09 retirement, but due to many unforeseen life circumstances, he missed his window of opportunity to apply for withdrawal. In Nov 10, he moved into a new home so packing, moving, and selling his old house caused a delay. In Dec 10, he seriously injured his leg, which required surgery on 1 Feb 11 and his recuperation from surgery took many months. On 10 Feb 11, his grandson was born with Gastroschesis that required surgery and was in neonatal intensive care for one and a half months. On the same day his grandson was born, his oldest daughter was diagnosed with stage four cancer. In May 11, his mother-in-law died unexpectedly. In the summer of 2011, he had to sell his mother’s house in New York which was very time consuming. His mother is now under hospice care. Finally, later in 2011, he was still experiencing health problems and was recommended for surgery on his right hip. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. Therefore, there is no need to recite these facts in this record of proceedings. _________________________________________________________________ AIR FORCE EVALUATION: DFAS-JBJE/CL recommends denial, indicating the applicant did not submit his request in a timely manner and, in accordance with the law, they cannot terminate his SBP at this time. In order to terminate his SBP, they would have needed to receive the applicant’s DD Form 2656-2, Survivor Benefit Plan Termination Request, between 21 Jan 11 and 20 Jan 12. Section 641 of Public Law 105-85 provides for a one-year period, beginning on the second anniversary of the date of commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation in SBP. The applicant admitted on his application that he did not submit his termination request during the one-year window. A complete copy of the DFAS-JBJE/CL 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 11 Jan 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. While the applicant contends a series of unfortunate significant personal struggles caused him to forget to submit a request to terminate his Survivor Benefit Plan (SBP) coverage, we do not find the documentation presented sufficient to conclude that his predicament was caused by anything other than a lack of due diligence on his part. In this respect, we note the applicant has provided copies of documents related only to his surgery and follow-on recuperation from an injury to his leg; however, other than his own assertions, he has provided no evidence whatsoever that would substantiate the many other purported circumstances that he indicates renders him the victim of an injustice. Therefore, we do not find the documentation provided sufficient to conclude the applicant’s personal circumstances somehow precluded him from making his election to terminate his SBP coverage in the one-year period he had to do so. Therefore, we find no basis to recommend granting the requested relief. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2012-04938 in Executive Session on 31 July 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, DFAS-JBJE/CL, dated 6 Sep 12. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.