RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-00054 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) election be corrected to reflect that he declined spouse coverage.

APPLICANT CONTENDS THAT:
He never enrolled in SBP; however, he is paying $92 a month and he doesn’t receive a military pension. He would like to cancel SBP and receive a refund. He was never briefed on SBP, when he called Defense Finance and Accounting Service (DFAS) he was miscounseled with inaccurate information

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

STATEMENT OF FACTS:
The  applicant  initially  entered  the  Air  Force  Reserve  on
20 Feb 04.
On 24 Dec 10, the applicant was placed on the Temporary Disability Retired List (TDRL).

On 6 Jun 12, the applicant was removed from the TDRL and retired in the grade of Staff Sergeant (E-5). He was credited with 7 years, 9 months, and 29 days of active service.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval of the applicant’s request to decline SBP coverage. When a member fails to complete a valid SBP election prior to retirement, coverage is established for all eligible beneficiaries by operation of the law. Public Law (PL) 99-145 requires spouses of married members, retiring on or

after 1 Mar 86, to concur in writing, prior to the member’s effective date of retirement, with SBP elections that provide less than full spouse coverage. Since 1 May 08, the Office of the Assistant Secretary of Defense (OASD) requires the Services to have the spouse concurrence statement witnessed by a notary public.

The Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant was married, and had a dependent child prior to being placed on the TDRL. Absent a valid election, DSAS properly established spouse and child coverage based on full retired pay to comply with the law. In Jun 2013, the member’s disability compensation from the Department of Veterans Affairs exceeded his retired pay and a direct remittance account to recover SBP monthly costs was established. The member’s wife provided a written concurrence statement, in which she acknowledged permanently terminating her entitlement to future SBP protection and payments.

There is no evidence the applicant received an SBP briefing or made an SBP election prior to his retirement. An SBP briefing should have been scheduled by the Robins Air Force Base SBP counselor prior to his retirement to afford him the opportunity to make an SBP election. Subsequently, the applicant and his wife were provided information and briefed on the options and effects of the SBP, by DPFFF. Since there is the possibility of an administrative error, it would be appropriate to grant relief.

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 6 Jul 15 for review and comment within 30 days (Exhibit D). 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.	Sufficient 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 and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt  its  rationale  as  the  basis  for  our  conclusion  the
1.	

applicant has been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as 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
23 December 2010, he declined Survivor Benefit Plan (SBP) coverage and his wife concurred in his election; and is, thereby, authorized reimbursement of all premiums paid.

The following members of the Board considered AFBCMR Docket Number BC-2015-00054 in Executive Session on 18 Nov 15, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR  Docket Number BC-2015-00054 was considered:

Exhibit A.	DD Form 149, dated 2 Jan 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPFFF, dated 19 Mar 15. Exhibit D.	Letter, SAF/MRBR, dated 6 Jul 15.