RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04026

COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) be terminated.

APPLICANT CONTENDS THAT:

He never received an SBP briefing or elected to accept or decline coverage of the program due to a deployment at the time of his retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force master sergeant who retired effective 1 May 12 with 20 years, 5 months, and 5 days of active service. The applicant’s record contains a signed DD Form 2656, Data for Payment of Retired Personnel, dated 5 Jun 12 with notarized spouse concurrence, indicating he attempted to decline participation in the SBP. In Block 26g Beneficiary Category, there is an “x” next to the choice “I Elect Not to Participate in SBP”; Block 29 states, “SM (service member) and spouse receive [sic] SBP briefing on 10 Jan 2012 and cost estimates were provided.” For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denying the application. There is no evidence of an Air Force error  or injustice. The applicant was counseled on the SBP; however, he failed to make a valid SBP election prior to retirement. Absent a valid election, the Defense Finance and Accounting Service- Cleveland (DFAS-CL) established spouse and child coverage based on full retired pay to comply with the law.

Further, the applicant’s signature on the DD Form 2656 indicates his acknowledgment that he received counseling and that he could terminate SBP participation, with his wife’s written concurrence, within one year after the second anniversary of commencement of retired pay (1 May 2014 – 30 Apr 2015). The applicant does not explain delaying over four years following his retirement before he sought correction at the AFBCMR. Approval of this request would provide the applicant an opportunity not afforded other retirees.  The complete advisory is at Exhibit C.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Jan 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.	The application was not timely filed.

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 that the applicant is not the victim of an error and injustice. The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR). Moreover, the applicant has offered no plausible reason for the delay in filing the application. The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay. Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-04026 in Executive Session on 12 Apr 18:

, Panel Chair
Panel Member Panel Member
All members voted not to correct the record. The panel considered the following: Exhibit A: Application, DD Form 149, w/atchs, dated 29 Sep 16.
Exhibit B: Documentary evidence, including excerpts from official records. Exhibit C: Advisory opinion, AFPC/DPFFF, dated 7 Mar 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 24 Jan 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.