RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04831

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her Survivor Benefits Plan (SBP) enrollment be terminated.

APPLICANT CONTENDS THAT:

She and her husband felt pressured to enroll in the SBP program, and did not have enough time to acquaint themselves with the benefits or compare them to other options.  She was medically retired, and had three weeks to out-process.  If given adequate time in the first place, they would not have enrolled in the SBP program.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Jun 10.

On 5 Feb 15, the applicant signed DD Form 2656, Data for Payment of Retired Personnel, electing SPB coverage “spouse only.”

On 28 Mar 15, the applicant was furnished an honorable discharge, Permanently Disability Retired effective 29 Mar 15, and was credited with 4 years, 9 months, and 21 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 error or an injustice.  The applicant was married with no dependent children, and she made a valid SBP election on 5 Feb 15, for spouse only coverage based on full retired pay, prior to being placed on the Permanent Disability Retired List (PDRL) effective 29 Mar 15.  Since she elected maximum spouse coverage, her husband’s concurrence was not required.  Although the applicant was a short notice medical retirement, she was briefed more than a month prior to her retirement date.  She also had time to change her election, with her husband’s concurrence, prior to her retirement date.  The SBP counselor provided a copy of the SBP Report of Individual Person (RIP) the applicant signed, acknowledging she understood the options and effects of her actions pertaining to her SBP election.  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 following commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation.  The applicant may disenroll with her husband’s written concurrence, during the one-year period (29 Mar 17 – 28 Mar 18) as authorized by Title 10 USC, Section 1448 a (a).  

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 2 May 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.  In this respect we note the applicant has the option of dis-enrolling from the program, with her spouse’s written concurrence, during the one-year period (29 Mar 17 – 28 Mar 18) as authorized by Title 10 USC, Section 1448 a (a).  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 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-2015-04831 in Executive Session on 14 Dec 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04831 was considered:

	Exhibit A.  DD Form 149, dated 22 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 12 Apr 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 2 May 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.