RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02027

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His records be corrected to reflect he declined spouse coverage under the Survivor Benefit Plan (SBP).  

APPLICANT CONTENDS THAT:

He elected not to participate in the SBP during his out-processing from the Air National Guard (ANG).  He was informed by the human resources section that he was not enrolled.  

He contacted the Defense Finance and Accounting Service (DFAS) regarding SBP disenrollment.  He was advised to complete a DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, have it notarized and returned to DFAS.  He completed the DD Form 2656-6 and had his spouse sign the necessary document to not enroll in SBP.  He was informed by DFAS that it would be taken care of.

He is currently paying severance pay that he received when he separated from active duty.  This has put a financial burden on him and his family.  

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

STATEMENT OF FACTS:

The applicant retired on 1 January 2015 in the grade of master sergeant (E-7).  

On 22 September 2014, the applicant initiated a DD Form 2656, Data for Payment of Retired Personnel, electing SBP participation for spouse only coverage based on full gross pay.  

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

AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  There is no evidence the applicant was properly briefed on the options and effects of the SBP by ANG personnel prior to his 1 January 2015 retirement.  To preclude an injustice, the applicant’s election for spouse only coverage based on full retired pay should be voided.  

However, the applicant’s contention that he chose not to enroll in the SBP is without merit since he completed an election for spouse only coverage based on full retired pay prior to his retirement date.  Specifically, he elected maximum spouse coverage, and thereby his wife’s concurrence was not required.  As such, DFAS established the SBP coverage elected.  

An SBP election may not be arbitrarily terminated as long as the beneficiary remains eligible; however, Title 10 United States Code (USC), Section 1448a, provides for a one-year period beginning on the 25th  month following commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation.  Retirees must complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and if applicable, obtain the spouse’s notarized consent.  A member’s disenrollment is effective the month following DFAS’s receipt of a properly completed request, which must have been postmarked no later than the end of the 36th month following the effective date of retirement.  The law does not require DFAS to individually notify retirees of their option for disenrollment during the one-year period and there is no refund of premiums.

On 8 October 2015, the applicant was briefed by AFPC/DPFFF, and provided a SBP Fact Sheet on the options and effects of the SBP for him and his spouse to review.  In addition, the applicant was provided a Concurrence Statement for his wife to sign with a 19 October 2015 suspense date to return the document to AFPC/DPFFF.  He failed to respond or return the Concurrence Statement.  The applicant may exercise his option to terminate all SBP participation beginning on 1 January 2017.

The applicant submitted a DD Form 2656-2, along with his spouse’s concurrence; however DFAS did not honor his termination request because it was received prior to 1 January 2017.  

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 12 November 2015 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After thoroughly reviewing the evidence of record and the circumstances of this case, to include the member’s comments and supporting documents, we do not believe relief is warranted.  The Board notes the Air Force office of primary responsibility (OPR) recommends approval based on no evidence that the applicant was properly briefed on the options and effects of the SBP by ANG personnel prior to his 1 January 2015 retirement.  We considered the member’s contention that he elected not to enroll in SBP during his out-processing, however, he has not provided sufficient evidence to overcome the fact that he completed an election for spouse only coverage based on full retired pay prior to his retirement date. While we make no judgment regarding the veracity of the applicant’s contention, without sufficient evidence or a plausible explanation of why an SBP election was completed prior to his retirement, we cannot recommend the requested relief be granted.  However, we recommend the applicant exercise his option to terminate all SBP participation beginning on 1 January 2017 in accordance with Title 10 USC, Section 1448a(a).  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.  

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-02027 in Executive Session on 11 May 2016 under the provisions of AFI 36-2603:

Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02027 was considered:

	Exhibit A.  DD Form 149, dated 28 April 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 2 November 2015, 
                 w/atchs.  
	Exhibit D.  Letter, AFBCMR, dated 12 November 2015.