RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05306 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. The Survivor Benefit Plan (SBP) annuity election currently reflected on his military retired pay account be changed from “Child only” to “Declination.” 2. SBP premiums previously withheld from his retired pay account be refunded. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not properly counseled regarding the SBP election. His dependents are at least 21 years of age and he would like to be compensated for the mistaken SBP deductions. The applicant provides no documents in support of his request. His complete submission is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate Office of Primary Responsibility (OPR). Accordingly, there is no need to recite these facts in this Record of Proceedings. _______________________________________________________________ AIR FORCE EVALUATION: DFAS recommends approval. DFAS states that on 22 Feb 2012, the applicant completed and signed DD From 2656, Data for Payment of Retired Personnel, indicating he elected SBP coverage for his children only. Since he did not provide dates of birth, his retired pay account was established with automatic SBP coverage. Public Law 92-425, effective 21 Sep 1972, provides that every member having a spouse and/or child(ren), who retires/transfers (reserve) on or after that date is automatically covered under the SBP at the maximum rate unless he/she elected otherwise before retirement or transfer. Since DFAS did not have all the information concerning his dependents, he was provided automatic SBP coverage. Based on the information received from the Air Force Review Boards Agency, the applicant’s current SBP coverage as automatic coverage is incorrect. His youngest child was 20 years, 8 months and 10 days when he retired. The SBP costs that are currently being deducted from his retired pay account are incorrect. If the youngest child is attending school on a full time basis, he would be an eligible beneficiary and the applicant can choose to cover him. If so, the Board should change his SBP coverage from automatic coverage to child only SBP. If not, the Board should change his SBP coverage from automatic coverage to no coverage due to no eligible beneficiaries. In either case, an adjustment of his SBP premiums will be done and a credit provided based on the approved change. The complete DFAS evaluation, with attachments, is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 1 Mar 2013, a copy of the Air Force evaluation was forwarded to the member for review and comment within 30 days. To date, a response has not been received (Exhibit C). _______________________________________________________________ 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. We find the applicant’s statement that he was miscounseled to be credible. In this respect, we note that his youngest child was only three months away from age twenty one at the time of the applicant’s retirement. Therefore, had he understood the limits of child coverage and since he was divorced, we find it reasonable to believe he would have elected no coverage. Therefore, we agree with DFAS’s recommendation that the applicant’s records should be corrected to terminate SBP coverage. Based on the terminated coverage the applicant will receive a refund of SBP premiums withheld. Accordingly, we recommend his records be corrected as set forth below. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 22 Feb 2012, he declined coverage under the Survivor Benefit Plan. _______________________________________________________________ The following members of the Board considered this application in Executive Session on 29 Aug 2013, 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 in AFBCMR BC-2012- 05306: Exhibit A. DD Form 149, dated 6 Nov 2012. Exhibit B. Letter, DFAS, dated 28 Feb 2013, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 1 Mar 2013.