RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01881 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to show he terminated Survivor Benefit Plan (SBP) coverage. ________________________________________________________________ _ APPLICANT CONTENDS THAT: When he was rated to be 100 percent disabled by the Department of Veterans Affairs (DVA), he was not informed or given the opportunity to withdraw from SBP. In support of his application, the applicant submits a letter from his congressman, copies of letters from the Air Force and DFAS, other documents relative to the issue. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant elected SBP spouse and child coverage prior to his 1 Jul 89 retirement. On 19 Jun 90, the DVA awarded the applicant a 30 percent disability rating for his service connected heart disease and left shoulder dislocation. The DVA notified the applicant effective 1 Jul 94 his disability rating has been increased from 30 percent to 100 percent for his service connected medical condition (Multiple Myleoma). Title 10 U.S.C, Section 1452 permits retirees, after being rated totally disabled by the VA for 10 consecutive years (or 5 years if awarded 100 percent VA disability rating at retirement) to terminate their SBP participation. Termination request must be submitted in writing and sent to the Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) with the spouse’s consent. In addition, the member must provide proof of the date and continued total disability award from the VA. Termination of SBP coverage and monthly premiums are effective the month following DFAS-CL’s receipt of a valid request. SBP premiums paid prior to the effective date of termination are not refunded. The applicant incurred a $32,000.00 debt due to his failure to pay SBP premiums when his Air Force retirement was offset by is DVA disability payments. The applicant applied for a waiver of the debt and DFAS-CL denied the request. On 10 Jul 04, the applicant submitted a request to terminate his SBP coverage. There is no evidence DFAS-CL received the termination request. The applicant submitted a valid, written request to terminate his SBP coverage and his participation was terminated effective 1 Aug 08. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends relief be granted. While they cannot confirm or deny whether the applicant was provided the opportunity to terminate his SBP coverage after being rated 100 percent disabled, it is reasonable to presume the applicant would have taken the required action had he been aware of his eligibility to terminate his SBP coverage. The complete AFPC/DPSIAR evaluation is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 19 Jun 12, for review and comment within 30 days (Exhibit C). 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the documentation submitted with this appeal, we find the evidence is sufficient for us to recommend, in the interest of justice, that the applicant’s record be corrected. In that regard, we note that it appears the applicant may not have received the information regarding terminating SBP coverage after being rated 100 percent disabled for ten years by the Department of Veterans Affairs (DVA). Therefore, taking into consideration the opinion and recommendation of the Air Force office of primary responsibility, 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 1 Jul 04, under the provisions of Title 10 U.S.C, Section 1452, he submitted a valid request to terminate his Survivor Benefit Plan coverage, and his spouse concurred in his decision. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-01881 in Executive Session on 19 December 2012, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 May 12, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 12 Jun 12. Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12. Panel Chair 3