RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04380 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to cancel his spouse coverage under the Survivor 
Benefit Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. At the time of his retirement, he was never informed that he 
only had 25 months to cancel SBP benefits. 

 

2. His wife does not need SBP benefits when he dies due to her 
substantial income from her retirement pension and investments. 

 

3. While getting his financial affairs in order, he and his wife 
decided they no longer need survivor benefits. 

 

The applicant did not provide any documentation in support of 
his request. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 14 Dec 91, the applicant completed 20 years of satisfactory 
service. 

 

On 28 May 92, the applicant elected immediate annuity for spouse 
coverage based on full retired pay. 

 

On 9 Ju1 07, the applicant completed a DD Form 2656, Data for 
Payment of Retired Personnel and elected not to participate in 
SBP coverage. 

 

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

 

_________________________________________________________________ 

 

 

 


AIR FORCE EVALUATION: 

 

HQ ARPC/DPT recommends denial. DPT states the applicant was 
notified that he was eligible to apply for reserve retired pay 
on his 60th birthday, XXXXXXXX. Included with the letter was 
some general information on retired pay, the appropriate pay 
application forms, and information regarding his current Reserve 
Component Survivor Benefit Plan (RSCBP). On 9 Jul 07, when the 
applicant filled out his application for retired pay (DD Form 
2656), he changed his election from spouse only to declining 
participation. According to Title 10, U.S.C., section 
1448(4)(B) an election to participate in the plan is irrevocable 
if not revoked before the end of the 90-day period. 

 

The applicant stated that he was unaware that he could 
discontinue his SBP election after the second anniversary of 
commencement of payment of retired pay. DD Form 2656, section 
XII, item 32, second paragraph states “Also, I have been 
counseled that I can terminate SBP participation, with my 
spouse’s written concurrence, within one year after the second 
anniversary of commencement of retired pay. However, if I 
exercise my option to terminate the SBP, future participation is 
barred.” 

 

The DD Form 2656, the applicant submitted for pay does not have 
his spouse’s signature. 

 

The complete DPT evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Jan 12 for review and comment within 30 days 
(Exhibit C). As of this date, this office has not received a 
response. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 


not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04380 in Executive Session on 31 May 2012, under 
the provisions of AFI 36-2603: 

 


 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Nov 11. 

 Exhibit B. ARPC/DPT, Letter, dated 30 Dec 11, w/atchs. 

 Exhibit C. SAF/MRBR, Letter, dated 6 Jan 12.