RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01337
	 		COUNSEL: NONE
 			HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) coverage and deductions be terminated.

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APPLICANT CONTENDS THAT:

He converted his military time to civil service time for the purpose of drawing civil service retirement pay and will not receive military retired pay.  

He faxed a waiver of military retirement to the Defense Finance Accounting Service (DFAS) and was not aware that there were additional requirements or forms
 necessary to stop the SBP from military retired pay.    

In support of his request, the applicant provides a copy of SF Form 310, Federal Employee Retirement System Retirement Application, letter from spouse 
declining SBP, a personal statement and various other documents associated with his request.  

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit B.  

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.   The applicant retired from the Air Force effective 1 Dec 1993.  Prior to retirement, he elected spouse only SBP coverage 
based on full retired pay and premiums began on 1 Jan 1994.  DFAS records show that effective 31 Jan 2013, the applicant waived his Air Force retired pay to
 combine civilian and military service credits.  During the civil service retirement processing, he declined survivor annuity coverage and the finance 
center established a direct remittance account for future military SBP payments.  Since the applicant did not elect to participate in the civil service 
annuity program; the applicant’s military SBP remains in effect for his spouse.  There is no evidence of an error or injustice.  The law provides the 
option to maintain military SBP or elect the civil service survivor annuity program but does not authorize cancellation or disenrollment from military SBP.   

The complete DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 June 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has
 been received by this office (Exhibit C).

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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 and 
adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied 
without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered 
with this application.

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The following members of the Board considered Docket Number BC-2013-01337 in Executive Session on 7 Nov 2013, under the provisions of AFI 36-2603:

	 , Panel Chair
         , Member
	 , Member

The following documentary evidence was considered:  

    Exhibit A.  DD Form 149, dated 11 Mar 2013, w/atchs.
    Exhibit B.  Letter, AFPC/DPFFF, dated 22 May 2013.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 2013.
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