RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03216

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be allowed to terminate his spouse and child coverage under the Survivor Benefit Plan (SPB) and be reimbursed for premiums paid.

APPLICANT CONTENDS THAT:

He did not sign up for SBP.  He has tried several times to cancel the coverage, but was told he had to wait a certain period before he could cancel his coverage.  Payments for the coverage were taken from his severance pay.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an honorably discharged staff sergeant.  On 29 Jan 14, he was placed on the Temporary Disability Retired List (TDRL).  On 9 Jun 16, he was removed from the TDRL and was disability discharged with severance pay.

For more information, see the memoranda prepared by the Air Force offices of primary responsibility (OPRs) at Exhibits C and D.

AIR FORCE EVALUATION:

DFAS-JFBEB/CL does not make a recommendation, noting the laws governing SBP prevent them from terminating the applicant’s coverage.

A complete copy of the DFAS-JFBEB/CL evaluation is at Exhibit C.

AFPC/DPFFF recommends granting the applicant’s request.  The applicant was married with dependent children and was placed on the TDRL effective 29 Jan 14.  He should have been provided an SBP briefing to give him the opportunity to make an SBP election.  There is no evidence the applicant was afforded that opportunity.  Absent a valid election, DFAS established spouse and child coverage based on full retired pay.  On 9 Jun 16, the applicant was removed from TDRL and discharged for physical disability with entitlement to disability severance pay.  The applicant’s spouse provided a written concurrence statement, in which she acknowledged permanently terminating her entitlement to future SBP protection and payments.

AFPC/DPFFF further states Section 1454 of Title 10, U.S.C., provides them authority to correct administrative errors with sufficient documentation; however, internal procedures limit the exercise of such authority to no more than one year after the date of the error.

A complete copy of the AFPC/DPFFF evaluation, with attachments, is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 29 Mar 17 and 12 Apr 17, for review and comment within 30 days (Exhibit E).  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 AFPC/DPFFF and adopt their rationale as the basis for our conclusion.  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 28 January 2014, he declined Survivor Benefit Plan coverage, his spouse concurred in his election, and he shall be reimbursed for all premiums paid.

The following members of the Board considered AFBCMR Docket Number BC-2016-03216 in Executive Session on 13 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03216 was considered:

	Exhibit A.  DD Form 149, dated 4 Aug 16.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, DFAS-JFBEB/CL, dated 26 Oct 16.
	Exhibit D.  Memorandum, AFPC/DPFFF, dated 6 Jan 17, w/atchs.
	Exhibit E.  Letter, AFBCMR, dated 29 Mar 17 and 12 Apr 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), I certify 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.