RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-03276

XXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO 

APPLICANT’S REQUEST

His election of benefits under the Survivor Benefit Plan (SBP) be changed.  Specifically, to decline participation in the SBP.

APPLICANT’S CONTENTIONS

He was enrolled in the SBP upon retirement; however, he did not elect this plan.  He spoke with the Defense Finance and Accounting Service (DFAS) Customer Service and was referred to the Air Force Personnel Center (AFPC), then guided to complete a DD Form 149, Application for Correction of Military Record.  He spoke with AFPC and requested any documentation they had to prove he elected SBP coverage, but they could not provide anything.  In addition, AFPC did not have his retirement documents when he spoke with the representative.  He does not remember electing this coverage, and is asking that it be suspended at this time.  It has been two years since he retired and he is still trying to get this issue rectified.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 26 Feb 19, according to DD Form 93, Record of Emergency Data, the applicant certified his emergency contacts included his dependent spouse and children.

On 5 Apr 19, according to MPF [Military Personnel Flight] Customer Service (SBP Counselor) Memorandum, Appointment for Survivor Benefit Plan (SBP) Briefing and to Complete a DD Form 2656, Data for Payment of Retired Personnel, dated 1 Mar 19, a hand-written memorandum for record  was annotated stating, “Neither [Base] counselor nor 1st Sgt could get mbr to complete DD 2656.”

On 28 Apr 19, according to Special Order No. XXXXX, dated 1 Mar 19, the applicant was permanently disability retired from the Regular Air Force.  

For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE AUTHORITY

Department of Defense Instruction (DoDI) 1332.42, Survivor Benefit Plan, Section 3, Covered Participants, Paragraph 3.1(a)(3).  For members who retire from the uniformed services, participation is voluntary.  However, Section 1448 of Title 10, U.S.C. requires an otherwise eligible retiree to be a participant unless he or she elects not to participate before the first day for which he or she is eligible for retired pay.

10 U.S.C. § 1448(a)(2)(A). Standard annuity participants.  A person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay.

10 U.S.C. § 1448(a)(3)(A). Spousal consent for certain elections respecting standard annuity.  A married person who is eligible to provide a standard annuity may not without the concurrence of the person’s spouse elect:
(i)  not to participate in the Plan;
(ii) to provide an annuity for the person’s spouse at less than the maximum level; or
(iii) to provide an annuity for a dependent child but not for the person’s spouse.

10 U.S.C. § 1448(a)(4)(A). Standard annuity - An election under paragraph (2)(A) is irrevocable if not revoked before the date on which the person first becomes entitled to retired pay.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant did not decline, with his spouse’s concurrence, to participate in the SBP prior to the date he was eligible for retired pay.  As a consequence, he was automatically enrolled in accordance with DoDI 1332.42 and 10 U.S.C. §1448. Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-03276 in Executive Session on 21 Jul 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Sep 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.

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