RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03076

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be disenrolled from the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

When he enrolled in SBP, he was undergoing two major surgeries, was on many medications and did not understand the program at that time.  He recently reduced and in some cases has stopped taking many medications and is thinking a lot clearer and would like to disenroll from the SBP.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 Jan 99.

On 30 Nov 11, the applicant signed the Certification of SBP Briefing, acknowledging he understood the options and effects of his actions pertaining to his SBP election.  The applicant’s wife did not attend the SBP briefing; however, a notification letter was forwarded to her on 30 Nov 2011, fully describing the option to elect less coverage or to decline SBP coverage.

Effective 29 Dec 11, prior to being placed on the Permanent Disability Retired List (PDRL), the applicant was married, had dependent children, and he elected spouse and child coverage based on full retired pay under the SBP.  Since he elected maximum spouse and child coverage, his wife’s concurrence was not required.  He was credited with 12 years, 11 months, and 15 days of active service.  

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 denial indicating there is no evidence of an injustice.  Approval of this request would provide the petitioner an opportunity not afforded other retirees, and is not justified.

An SBP election may not be arbitrarily terminated as long as the beneficiary remains eligible. Title 10 USC, Section 1448a(a), 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.  To disenroll, a member has to submit a properly completed DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, to the Defense Finance and Accounting Service-Cleveland (DFAS-CL) with the spouse’s notarized consent.  Disenrollments are effective the month following DFAS-CL’s receipt of a valid request. To be valid, requests have to be postmarked not later than the member's third year anniversary of receiving retired pay.  If the retiree 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.  

Beginning 29 Dec 13 through 28 Dec 14, the applicant was eligible to disenroll from the SBP; however, there is no evidence he submitted a valid written disenrollment request.

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 19 Jan 16 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.  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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an injustice.  Therefore, in the absence of evidence to the contrary, 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 material 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-2015-03076 in Executive Session on 14 December 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03076 was considered:

	Exhibit A.  DD Form 149, dated 15 Jul 15, w/atchs.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 12 Jan 16.
	Exhibit D.  Letter, AFBCMR, dated 19 Jan 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.