RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03221

						COUNSEL:  NONE
(DECEASED SVC MBR)

						HEARING DESIRED:  NO
(APPLICANT)

APPLICANT REQUESTS THAT:

Her deceased spouse’s records be corrected to reflect he did not disenroll from the Survivor Benefit Plan (SBP) and she be entitled to the SBP annuity.

APPLICANT CONTENDS THAT:

She does not have any documentation showing her husband terminated SBP coverage.

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

STATEMENT OF FACTS:

On 1 Feb 66, the service member retired and was credited with 20 years and 2 days of active service. 

The SBP was enacted on 21 Sep 72.

On 21 Jan 16, the service member 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:

The Defense Finance and Accounting Office (DFAS-JFBEB/CL) recommends denial, indicating there is no evidence of an error or an injustice.

The SBP was enacted to provide retired service members an opportunity to provide a portion of their retired pay to their surviving beneficiaries.  Service members who retired prior to the establishment of SBP were given an opportunity to make an SBP election at the time of the program’s establishment.  The service member declined to participate in the SBP at that time.  However, the service member elected SBP spouse coverage during an authorized open enrollment on 1 Apr 93.

On 18 Nov 97, Public Law (PL) 105-85, created a disenrollment option for SBP.  According to DFAS electronic records, the service member terminated his SBP spouse coverage on 16 May 99 in accordance with PL 105-85.

A review of the service member’s physical records contained no evidence of his SBP election or termination of SBP.  Therefore, without evidence showing the service member did not elect to terminate his SBP coverage, the disenrollment of his coverage is valid.

The applicant was requested to provide documentation to support her claim.  As of this date, no documentation has been received. 

A complete copy of the DFAS-JFBEB/CL 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 5 Oct 17, 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.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  While the Board notes the comments of DFAS-JFBEB/CL indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  The applicant was aware of the service member’s Open Season election in 1993, which is consistent with the DFAS records.  The Board takes notice of Section 1448a(b) of Title 10, United States Code, which requires concurrence of the spouse when a married service member elects to discontinue participation in the SBP.  The fact this applicant was not aware of her husband’s 1999 termination of benefits indicates she may not have been properly consulted regarding termination of the benefit.  However that may be, no party has produced a copy of the service member’s termination request, complete with the applicant’s signed consent.  The Board notes the applicant has acknowledged that substantial premium payments will be due upon correction of her husband’s record.  Therefore, the Board recommends correcting the service member’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent records of the Department of the Air Force relating to the SERVICE MEMBER be corrected to show that he never changed his 1 April 1993 election under the Survivor Benefit Plan.

The following members of the Board considered AFBCMR Docket Number BC-2016-03221 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

The following documentary evidence pertaining to AFBCMR Docket Number bc-2016-03221 was considered:

	Exhibit A.  DD Form 149, dated 3 Aug 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, DFAS-JFBEB/CL, dated 5 Oct 17,
  w/atch.
	Exhibit D.  Letter, AFBCMR, dated 5 Oct 17.

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.