RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-01069 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her official record be changed to show she discontinued participation in the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: She tried to cancel her SBP coverage as soon as it was implemented but was told she had to wait about two years. She requested cancellation of her SBP, but has since discovered it was not cancelled. She did not receive the letter from the Defense Finance and Accounting System (DFAS) telling her there was a problem, and she works full time so she normally doesn’t check her Leave and Earnings Statement (LES). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 9 Jan 95. According to the documentation provided by the applicant, she signed a DD Form 2656-2, Survivor Benefit Plan (SBP) Cancellation Request, on 7 Nov 12, then completed the form on 6 Dec 12 by having her spouse sign and having the document notarized. On 1 Dec 10, the applicant retired after serving 20 years and 7 days of total active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. The applicant was counseled on SBP but failed to make an election prior to retirement. Absent a valid election, DFAS-CL established spouse and child SBP coverage based on full retired pay based upon law. In accordance with Title 10 United States Code (USC) § 1448a, beginning on the second anniversary of the date of commencement of retired pay, SBP participants may choose to voluntarily discontinue their participation during a one-year period. Therefore, the member was eligible to discontinue SBP participation between 1 Dec 12 through 30 Nov 13. Although the applicant attempted to discontinue participation in SBP, her signature on the election form was 7 Nov 12, prior to the start of the eligibility period on 1 Dec 12, which invalidated her election. Further, it was the applicant’s responsibility to review her Retiree Account Statement (RAS), notify DFAS of any address change, and follow up on her termination request. On 7 Jan 13, DFAS sent a letter to notify the applicant she was not eligible to withdraw from SBP on 7 Nov 12 however, DFAS was not informed of the applicant’s address change until Dec 14. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of her request, the applicant submitted a notarized affidavit, signed by her spouse, in which he affirms his participation in her SBP in which he is identified as a beneficiary is being terminated (Exhibit E). 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice. While we note the comments of AFPC/DPFFF indicating relief should be denied because the applicant pre-signed the DD Form 2656-2, Survivor Benefit Plan (SBP)_Termination Request, slightly before her authorized window of eligibility for termination opened up, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note even though the applicant pre-signed the DD Form 2656-2, she then completed the application form during the authorized period approved for terminating her SBP by having her spouse sign the document and having it notarized, which establishes her clear intent to terminate her SBP during the authorized period. Therefore, we recommend the applicant’s records be corrected as indicated below. 4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 6 December 2012 she terminated her Survivor Benefit Plan coverage, and her spouse concurred with her decision on that date. The following members of the Board considered AFBCMR Docket Number BC-2015-01069 in Executive Session on 18 Nov 15, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01069 was considered: Exhibit A.  DD Form 149, dated 28 Dec 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPFFF, dated 19 May 15. Exhibit D.  Letter, SAF/MRBR, dated 7 Jul 15. Exhibit E.  Affidavit, Applicant, dated 4 Jan 16.