RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05179
		
   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be removed from the Survivor Benefit Plan (SBP) and refunded the SBP payments he has paid to date. 

APPLICANT CONTENDS THAT:

He declined SBP, but his election was not accepted because he and his spouse signed the form on different dates and, because of this, premiums are being deducted from his retirement pay.

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

STATEMENT OF FACTS:

The applicant served in the Air National Guard during the matter under review.  

On 19 May 00, the applicant elected to defer his RCSBP decision by electing “Option A, Defer making an election until age 60.”

On 30 Aug 15, the applicant signed his DD Form 2656, Data for Payment of Retired Personnel, wherein he attempted to elect to not participate in the SBP program.  The DD Form 2656 indicates that spousal concurrence is required in such an election, but the date of the spouse’s signature must not be before the date of the member’s signature.  The applicant’s spouse concurred with the election and the form was signed and notarized on 7 May 15.  The applicant signed the form on 30 Aug 15.

On 1 Oct 15, the applicant retired from active duty after serving 21 years, 11 months, and 12 days of active service.

The applicant provided a signed and notarized document from his spouse, dated 28 Nov 17, which indicates that she understands her husband (the applicant) has elected to decline the Survivor Benefit Plan and she concurs with his decision.  

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

AIR FORCE EVALUATION:

AFPC/DPTT recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The applicant became eligible for the RCSBP on 19 May 00.  At the time of his initial eligibility, he elected to defer his RCSBP decision by electing “Option A, Defer making an election until age 60,” on ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate.  Effective 1 Oct 15, the applicant retired from active duty.  Upon active duty retirement, the applicant also chose to decline participation in SBP via the DD 2656, Data for Payment of Retired Personnel.  The applicant’s SBP status should be updated to “non-participating” and all SBP-related monies he paid to date be refunded.

A complete copy of the AFPC/DPTT evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Oct 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant contends that his election to decline coverage under the Survivor Benefit Plan (SBP) was declined because he and his spouse signed the DD Form 2656, Data for Payment of Retired Personnel, on different dates.  After a thorough review of the evidence of record and the applicant’s complete submission, we are convinced the applicant is the victim of an error or injustice.  In this respect, we note the evidence indicates the applicant made an earnest attempt to decline coverage under the SBP and, even though the DD Form 2656 clearly indicates the spouse’s signature cannot pre-date the member’s election to decline or reduce coverage, we find it reasonable to conclude the SBP counselor should have identified the discrepancy during the processing of the applicant’s retirement application and given him an opportunity to correct the error.  Therefore, we recommend the applicant's records be corrected as indicated below. 

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 30 September 2015, he elected to decline participation in the Survivor Benefit Plan (SBP), his spouse concurred in the election, and all monies he paid under the SBP to date be refunded.

The following members of the Board considered AFBCMR Docket Number BC-2015-05179 in Executive Session on 14 Dec 16 and 1 Dec 17, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPTT, dated 13 Aug 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 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.