RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04392

	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

Her record be corrected to reflect she did not elect to participate in the Survivor Benefit Plan (SBP). 

She be reimbursed all monthly SBP deductions from her retirement date of 1 Sep 16.

APPLICANT CONTENDS THAT:

She was miscounseled by the SBP counselor on how to complete the DD Form 2656, Data for Payment of Retired Personnel when electing to decline SBP coverage as a dual-military couple.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.

According to DD Form 2656, dated 2 Aug 16, provided by the applicant, she elected not to participate in SBP prior to her 1 Sep 16 retirement.  However, her spouse did not concur in her election. 

According to DFAS-CL 7220, Retiree Account Statement, effective 15 Sep 16, provided by the applicant, reflects SBP costs were deducted from her military retiree pay. 

According to DD Form 2656, provided by the applicant, on 29 Nov 16, her spouse concurred in her election to decline SBP coverage and acknowledged he received information that explains the options available and the effects of those options.

According to a memorandum dated 21 Mar 17, provided by the applicant, the SBP counselor acknowledged she had miscounseled the applicant on the procedure for declining SBP coverage for mil-to-mil couples.  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, indicating to preclude an injustice, it would be appropriate to correct the applicant’s record to reflect that on 31 Aug 16, she declined SBP coverage and her spouse concurred in her election.  In addition, all premiums should be reimbursed.  

The applicant completed an election to decline SBP coverage prior to her 1 Sep 16 retirement; however, her spouse did not concur in her election.  Absent spouse concurrence, DFAS-CL established automatic spouse only SBP based on the applicant’s full-retired pay as required by law.  The applicant provided a letter from the SBP counselor acknowledging the applicant and her military spouse were miscounseled.  The applicant’s spouse signed a concurrence statement acknowledging he understands the impact of 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 14 Jun 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 the rationale and recommendation of AFPC/DPFFF and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.	On 31 August 2016, she declined Survivor Benefit Plan coverage, and her spouse concurred in her election.

b.	She be refunded all paid premiums.

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-2017-04392 in Executive Session on 26 Jul 18:

	, Panel Chair
	, Panel Member
	, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Jul 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFFF, dated 11 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Jun 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.