RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03870

	COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She be able to terminate “spouse only” coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

This SBP coverage was the result of an error when her retirement package was processed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Dec 73.

On 29 Apr 82, the applicant was furnished an honorable discharge, and was credited with eight years, four months, and nineteen days of active service.   

On 6 Nov 83, the applicant enlisted in the Kansas Air National Guard. 

On 19 Feb 15, the applicant signed DD Form 2656, Data for Payment of Retired Personnel, electing “spouse only” SBP coverage.  

On 23 Aug 15, the applicant was placed on the USAF Retired List, Retired Reserve Section ZB, and was credited with 20 years, 10 months, and 14 days of service per Title 10 USC Section 12732.

On 1 Jan 16, according to the state of Florida Certification of Death, the applicant passed away.  

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/DPFF recommends denial indicating there is no evidence of an error or an injustice.  An SBP election may not be arbitrarily terminated as long as the beneficiary remains eligible; however,  Title 10 USC, Section 1448a(a), provides for a one-year period beginning on the 25th month and ending on the 36th month following commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation.  Although the applicant claims there was an error when her retirement package was processed, she made a valid election for spouse only coverage based on full retired pay.  Her signature in Section X1, Item 30a, of the DD Form 2656, indicates her acknowledgment that she received counseling and that she could terminate SBP participation, with her husband’s written concurrence, within one year after the second anniversary of commencement of retired pay (23 Aug 17 – 22 Aug 18). The applicant was married, and made a valid SBP election for spouse only coverage based on full retired pay prior to attaining age 60 effective 23 Aug 15.  Since she elected maximum spouse coverage, her husband’s concurrence was not required.  The applicant died on 1 Jan 16, and her husband is eligible to receive an SBP annuity of $565, but he has not yet applied for the benefit. 

A complete copy of the AFPC/DPFF evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant’s listed address on 5 Apr 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 error of injustice.  AFPC/DPFFF has confirmed the applicant’s spouse started receiving SBP premiums in May 2016.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The deceased applicant’s spouse 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-2015-03870 in Executive Session on 25 Aug 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03870 was considered:

	Exhibit A.  DD Form 149, dated 3 Sep 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFF, dated 8 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 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.