RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-03536

XXXXXXXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His record be corrected to reflect he declined Survivor Benefit Plan (SBP) participation when he retired, and eliminate the debt associated with the erroneous participation.

APPLICANT CONTENDS THAT:

He completed the AF Form 1266, Survivor Benefit Plan (SBP) Election, to decline SBP while processing for retirement.  He received a letter from Defense Finance and Accounting Service (DFAS) stating they did not receive his declination.  Therefore, he re-accomplished and re-mailed the form.  The applicant later received statements from DFAS stating he never sent his election and now owes over $50,000 in SBP program premiums.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air National Guard Master Sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

ARPC/DPTT does not have access to determine the applicant’s initial election at the time of eligibility, or documentation to support a spouse election, and recommends DFAS review the application.  The complete advisory is at Exhibit C.

DFAS recommends denying the application.  The applicant’s declination form is dated after his retirement; therefore, his declination is invalid.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Sep 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is the victim of an error and injustice.  While the Board notes the comments of ARPC/DPTT and DFAS indicating relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  The signed statements from unit personnel, including the squadron commander, supported the applicant’s contention that he and his wife had completed the declination form prior to his retirement and that the form of record is a replacement.  Therefore, the Board recommends correcting the applicant’s records 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 26 February 1992, he declined Survivor Benefit Plan (SBP) coverage and his spouse concurred with his election.  Cancel the associated debt and reimburse all premiums paid.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03536 in Executive Session on 15 Nov 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atch, dated 13 Jan 17.
Exhibit D:	Advisory opinion, DFAS, w/atch, dated 6 Oct 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.