RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00021

XXXXXXXXXX	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

1.	His records be corrected to show that he disenrolled from the Survivor Benefit Plan (SBP) on 1 Oct 16, the earliest date on which he was eligible to disenroll.
 
2.  He receive back payment for all monies paid after the requested date of disenrollment.  

APPLICANT CONTENDS THAT:

Due to misinformation provided by the Defense Finance and Accounting Service (DFAS), the applicant was unable to terminate his SBP coverage at the earliest date possible.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.

On 21 May 14, DD Form 2656, Data for Payment of Retired Personnel, indicates the applicant elected SBP coverage for spouse and children.  On this same date, he signed a Certification of Survivor Benefit Plan Briefing, which indicates in Section N that the one-year window to request SBP termination opens on the second anniversary of his retirement and that the request must be completed and arrive at DFAS within the one-year window.

On 30 Sep 14, the applicant was relieved from active duty and retired effective 1 Oct 14.  

According to DD Forms 2656-2, SBP Termination Request, section I, Instructions, provided by the applicant dated 23 Mar 16 and 28 Nov 16, states “a participant in SBP may elect to discontinue participation during the 25th through the 36th month after commencement of payment of retired pay.”  In addition, he acknowledged he understood that SBP coverage would discontinue on the first day of the month following the month that the request was received by DFAS, no refunds of costs already paid for SBP coverage will be made, nor will SBP benefits be paid upon his death and that once he discontinues SBP, he cannot reenter the plan.  On these same dates, his spouse concurred with the applicant’s decision to terminate participation in the SBP.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denying the application.  The applicant became eligible to discontinue SBP coverage on 1 Oct 16.  The previous Spring, on 23 Mar 16, he had submitted a DD Form 2656-2, to discontinue SBP participation; however, the request was invalid, because his attempt to terminate SBP coverage was made before the start of the one-year disenrollment period authorized by Title 10, United States Code, Section 1448a(a).  On 28 Nov 16, he submitted another termination request and was disenrolled from the SBP effective 1 Dec 16, as disenrollments are effective the month following receipt of a properly completed request.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 27 Apr 18 for comment (Exhibit D), and the applicant replied on 9 May 18.  In his response, the applicant contends, while he did not follow the instructions provided on the DD Form 2656-2, he spoke to a representative at DFAS who confirmed that he could submit his documents prior to his one-year window to be processed at the earliest possible start date.  Had he been told otherwise, he would have made other arrangements to have his documents sent at a later date.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00021 in Executive Session on 26 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFFF, w/atch, dated 6 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 27 Apr 18.
Exhibit E:	Applicant’s response, dated 9 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.