RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03126

						COUNSEL:  NONE

						HEARING DESIRED:  NONE INDICATED 

APPLICANT REQUESTS THAT:

1.  He be dis-enrolled from the Survivor Benefit Plan (SBP).  

2.  He receive a refund for paid SBP premiums.  

APPLICANT CONTENDS THAT:

He reluctantly requests the Board’s consideration to rectify an error that has no reasonable administrative remedy.  The SBP program has three methodologies for withdrawal; which are divorce, death, or disenrollment at its earliest in the 25th month of annuity payments.  

He would like to be dis-enrolled immediately from SBP and not wait until the window of opportunity presents itself for disenrollment during the period of the 25th through the 36th month.

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

STATEMENT OF FACTS:

On 31 August 2011, according to a marriage license issued in the state of Utah, submitted by the applicant, he and his spouse were married.  

On 1 April 2015, the applicant initiated a DD Form 2656, Data for Payment of Retired Personnel, in which he elected SBP coverage for spouse only based on full gross pay.  

On 16 April 2015, according to Reserve Order Number EL-2896, the applicant is authorized retired pay due to reaching age 60, effective 20 May 2015.  

On 24 June 2015, according to the applicant’s retiree account statement, he began paying towards his 360-month spouse only SBP coverage.  

On 15 July 2015, the applicant’s spouse initiated a notarized statement indicating her support for the termination of SBP, with the understanding of its ramifications.  

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.  The SBP law governing the disenrollment provision is very specific in its intent, and does not allow for an SBP participant to voluntarily dis-enroll prior to the two-year anniversary of retirement.  

The applicant’s signature on the DD Form 2656, indicates his acknowledgment that he received counseling and that he could terminate SBP participation, with his wife’s written concurrence, within one year after the second anniversary of commencement of retired pay.  If the applicant was not in agreement with the statement, he could have changed his election and declined SBP coverage, with his wife’s concurrence, prior to his retirement date.  Approval of this request would provide the applicant an opportunity not afforded other retirees.  

Since the applicant received protection for the period SBP costs were made, the consequences of discontinuation are: (1) premiums will not be refunded, and (2) he will be barred from reentering the plan.  

An SBP election may not be arbitrarily terminated as long as the beneficiary remains eligible.  The applicant may dis-enroll with his wife’s notarized consent, during the one-year period of 20 May 2017 through 19 May 2018, as authorized by Title 10, United States Code, Section 1448a(a).  The Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) is not required to individually notify retirees of their option to dis-enroll during the one-year period and there is no refund of premiums.  

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 February 2016 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 error of injustice.  The applicant may dis-enroll with his wife’s notarized consent, during the period of 20 May 2017 through 19 May 2018.  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-2015-03126 in Executive Session on 4 November 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03126 was considered:

	Exhibit A.  DD Form 149, dated 21 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 4 February 2016.
	Exhibit D.  Letter, AFBCMR, dated 19 February 2016.

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 for Docket Number BC-2015-03126.