RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02670 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he declined coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ APPLICANT CONTENDS THAT: His wife’s notarized signature was dated prior to his and the Casualty Representative’s signature. He was not informed that dating the form after his spouse would invalidate the election. In support of his appeal, the applicant provides a copy of retirement order, DD Form 2656, Data for Payment of Retired Personnel, and other documents relating to this matter. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former service member who retired on 1 Aug 12. 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 B. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. Public Law (PL) 99-145 requires spouses of married service members to concur in writing, prior to the service member’s retirement in SBP elections that provide less than full spouse coverage. The concurrence must be signed, dated and notarized to be valid. The Defense Finance and Accounting Service-Cleveland (DFAS-CL) will upon receipt of an invalid election establish SBP coverage at the maximum level for eligible beneficiaries to comply with law. The applicant was briefed on the options and effects of the SBP, and elected to decline SBP coverage prior to his 1 Aug 12 retirement. However, the election was deemed to be invalid because his wife’s concurrence was dated prior to the date of his signature. Subsequently, DFAS-CL established spouse and child coverage based on full retired pay to comply with law. PL 105-85 provides for a one-year period beginning on the 25th month following commencement of retired pay, during which the SBP participants may choose to voluntarily discontinue their participation. In order for the service member to disenroll, the service member has to submit a DD Form 2656-2, SBP Termination Request to the DFAS–CL with the spouse’s notarized consent. Withdrawals are effective the month following DAFS– CL’s receipt of a valid request. A request is considered valid if it postmarked no later than the service member’s third year anniversary of receiving retired pay. If the retired service member fails to exercise the disenrollment option during the one-year eligibility period the SBP election is considered permanent and is irrevocable as long as the beneficiary remains eligible. DPFFF requested the applicant provide a notarized statement from his wife relinquishing her entitlement to the SBP annuity. However, he failed to respond. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Aug 13, 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an 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 the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our decision the applicant is not the victim of an error or injustice. We note that under the provisions of the laws that govern SBP, the applicant will have an opportunity to terminate participation in SBP beginning 1 Aug 14, provided he obtains his spouse’s written concurrence. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-02670 in Executive Session on 25 Mar 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 May 13, w/atchs. Exhibit B. Letter, AFPC/DPFFF, dated 24 Jul 13. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 13. Panel Chair 1