RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03370
		
			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:

At the time of his medical retirement, he did not receive an SBP briefing; nor was he provided an opportunity to decline SBP.

The applicant’s complete submission, with attachment, 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 the Air 
Force, which is attached at Exhibit C.
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFFF recommends granting the requested to preclude a possible 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 Office Assistant Secretary of Defense (OASD) required the Services to have the spouse 
concurrence statement witnessed by a notary public.  In the 
event of an administrative error in an election, AFPC/DPFFF has 
the authority to correct an the error as long as documentation 
was obtained to confirm the spouse understood the effects of 
concurring with an SBP election that did not provide the maximum 
level of coverage.  The correction must be made no more than 
three months after the date the error occurred. 



According to the Defense Enrollment Eligibility Reporting System 
(DEERS), the applicant was married with dependent children prior 
to his placement on the permanent disability retired list (PDRL) 
on 29 Aug 12.  AFPC/DPFFF cannot determine why the applicant did 
not complete an SBP election prior to his placement on the PDRL.  
The Defense Finance and Accounting Service – Cleveland Center 
(DFAS-CL) cannot establish SBP without a valid election.  The 
applicant’s spouse provided a written concurrence, acknowledging 
she is permanently relinquishing her entitlement to future SBP 
protection and payments.

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 31 Oct 13 for review and comment within 30 days 
(Exhibit D).  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.  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 did not receive the required briefing on the SBP prior 
to his retirement.  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 
29 Aug 12, he declined coverage under the Survivor Benefit Plan, 
and his spouse concurred in his decision.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03370 in Executive Session on 25 Apr 14, 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 10 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 26 Aug 13.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 13.




                                   
                                   Panel Chair



AFBCMR BC-2013-03370



MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code, it is directed that:

	The pertinent military records of the Department of the Air Force relating to     , be corrected to show that on 28 August 2012, he declined to 
elect coverage under the Survivor Benefit Plan, and his spouse concurred in his decision.




						    
						   Director
						   Air Force Review Boards Agency
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