RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00181
	 		COUNSEL: NONE
	 		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) election be changed to the minimum threshold that is indicated on the original DD Form 2656, Data for Payment of Retired 
Personnel.

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APPLICANT CONTENDS THAT:

His wife was unavailable to sign before 2 Jul 2012 as she was out of state without any means of direct communication.  

In support of his request, the applicant provides a copy of his DD Form 2656.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit B.   

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  DPFFF states the applicant was married with eligible children when he retired effective 1 Jul 2012.  He completed an election
 for $747 (threshold amount at the time of his retirement).  However, his wife dated her concurrence after his retirement which invalidated the election.  
Consequently, the Defense Finance and Accounting Service (DFAS) established coverage based on the full retired pay to comply with the law.  

The applicant failed to respond to DPFFF’s letter, dated 19 Apr 2013, requesting he provide a notarized statement signed by his wife to acknowledge she under
stood that if her husband dies, SBP coverage now in effect would provide her an SBP annuity currently valued at no less than $1196.00 and approval of his 
request would result in her receiving a reduced level of SBP coverage ($410.00).  Absent a valid concurrent statement, the applicant may exercise his option
 under Public Law 105-85 to terminate all SBP participation beginning on 1 Jul 2014.  

The complete DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 May 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has 
been received by this office (Exhibit C).

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

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.

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THE BOARD DETERMINES 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.

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The following members of the Board considered Docket Number BC-2013-00181 in Executive Session on 30 Oct 2013, under the provisions of AFI 36-2603:
 
       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:  

    Exhibit A.  DD Form 149, dated 1 Dec 2012, w/atchs.
    Exhibit B.  Letter, AFPC/DPFFF, dated 16 May 2013.
    Exhibit C.  Letter, SAF/MRBR, dated 31 May 2012.
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