RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-201703394

BRITTANY L. THREATT	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her Survivor Benefit Plan (SBP) be discontinued. 

APPLICANT CONTENDS THAT:

She was separated from her husband at the time of her retirement and did not sign up for SBP.  She was asked about SBP, but turned it down at the time of her retirement.  She began receiving bills for SBP in October 2015, and it took her from then until her application to the Board to find out how to correct the matter.  At one point during that process, she learned that “someone” at the 125th Air National Guard unit had signed her up for the benefit.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force staff sergeant, who was relieved from active duty on 27 Nov 14 and placed on the Temporary Disability Retired List (TDRL).  On 12 Apr 16, she was removed from TDRL and retired per Special Order ACD-04684, dated 23 Mar 16.

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 granting the application.  Moody Air Force Base, Georgia, should have provided the applicant her SBP briefing prior to her TDRL, but there is no election on file.  In the absence of an election from the applicant, Defense Finance Accounting System (DFAS) properly established spouse-only coverage based on full retired pay to comply with the law.  In October 2015, the member’s disability compensation from the Department of Veterans Affairs (VA) exceeded her retired pay, and a direct remittance account to recover SBP monthly costs was established. The applicant’s spouse provided a written concurrence statement, in which he acknowledged permanently terminating his entitlement to future SBP protection and payments. 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 24 May 18 for comment (Exhibit D), but has received no response.

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 the victim of an error and injustice.  The Board concurs with AFPC/DPFFF and finds that a preponderance of the evidence substantiates the applicant’s contentions.  In particular, the Board finds it more likely than not that the applicant did decline SBP participation as she claims, given the absence of documentation showing she was ever properly briefed on her SBP entitlement and responsibilities.  Moreover, her spouse has concurred in the declination.  Therefore, the Board recommends 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 27 November 2014, she declined SBP coverage and her spouse concurred in her election.  All SBP premiums paid should be reimbursed.

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-2016-04343 in Executive Session on 20 Sep 18:

Mr. Clifford D. Tompkins, Panel Chair 
Mr. Ricky L. Bennett, Panel Member
Ms. Gail P. Forest, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFFF, dated 18 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 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.