RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01577 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She be allowed to terminate spouse coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

She did not receive a briefing on SBP at the time of her retirement.

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

STATEMENT OF FACTS:

On 15 Oct 02, the applicant commenced her enlistment in the Regular Air Force.

The applicant was permanently disability retired on 28 Jun 14.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DPFFF recommends granting the applicant’s request indicating there is evidence of an injustice.

The applicant was married with dependent children, and was placed on the Permanent Disability Retired List (PDRL) effective 28 Jun 14.  There is no evidence the applicant received an SBP briefing prior to her retirement.  Furthermore, there is no evidence the applicant submitted a valid election prior to her retirement.  Absent a valid election, the Defense Finance and Accounting Service (DFAS) established spouse and child coverage based on full retired pay to comply with the law.  However, in Nov 14, the applicant’s Department of Veterans Affairs (DVA) disability compensation exceeded her retired pay and a direct remittance account to recover SBP monthly costs was established.  The applicant’s spouse has provided a written concurrence statement, in which he acknowledged permanently terminating his entitlement to future SBP protection and payments.

A complete copy of the AFPC/DPFFF evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Dec 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  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 that on 27 Jun 14, she declined Survivor Benefit Plan (SBP) coverage and her spouse concurred in her election.

The following members of the Board considered AFBCMR Docket Number BC-2016-01577 in Executive Session on 29 Aug 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 pertaining to AFBCMR Docket Number BC-2016-01577 was considered:

	Exhibit A.  DD Form 149, dated 13 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 26 Aug 16,
  w/atch.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 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.