RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00632

XXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She be disenrolled from the Survivor Benefit Plan (SBP) and be reimbursed all SBP payments deducted from her retired pay.

APPLICANT’S CONTENTIONS

During retirement out-processing, she was given misleading information from the SBP counselor.  She was told she could cancel SBP coverage at any time and that she had to accept or decline coverage at the time of her appointment.  She asked why she could not leave the appointment to research and consider her options, as she still had several months before separation.  The SBP counselor was impatient and said she should have done her research prior to the appointment and reiterated that she had to make an election before leaving his office.  

She moved to Florida two months after separation and called the SBP representative at a nearby base to cancel her SBP coverage.  She was informed that she could not cancel coverage before paying for 24 months.  While she is 100 percent service-connected disabled, none of her conditions are fatal and she does not feel that SBP is beneficial to her or her family.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 12 March 2020, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected Option B, Coverage for Spouse and Child[ren], based on full retired pay.

On 18 June 2020, according to Special Order XXX-XXXXXX, dated 28 February 2020, the applicant was placed on the Temporary Disability Retired List (TDRL) with a compensable percentage of 70 percent due to physical disability.

On 31 August 2021, according to Special Order XXX-XXXXXX, dated 11 August 2021, the applicant was removed from TDRL and permanently retired with a compensable percentage of 100 percent due to physical disability.   

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, indicating there is no evidence of an Air Force error or injustice nor any basis in the law to grant the request.  Title 10 United States Code, Section 1448a(a) (10 U.S.C. § 1448a(a)), provides for a one-year period beginning on the 25th month and ending on the 36th month following commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation.  Retirees must complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and obtain their spouse’s notarized consent.  Disenrollments are effective the month following the Defense Finance and Accounting Service-Cleveland (DFAS-CL) receipt of a properly completed request, which must be postmarked no later than the end of the 36th month following the effective date of retirement.  10 U.S.C. § 1448(b)(1)(E), does not require DFAS-CL to individually notify retirees of their option to disenroll during the one-year period and there is no refund of premiums. The SBP law that governs the disenrollment provision is very specific in its intent and does not allow for an SBP participant to disenroll before the one-year period.  SBP participants are ultimately responsible for making the election within the one-year period.

The applicant was briefed on the options and effects of the SBP on 12 March 2020, before her       18 June 2020 retirement date.  Section N of the SBP Report on Individual Person (RIP), details the disenrollment procedure and provisions.  She signed the SBP RIP after the one-on-one briefing acknowledging she understood the information that was briefed and was provided a copy.  Additionally, she completed the election for spouse and child SBP coverage based on her full gross pay, which is recorded on DD Form 2656.  In accordance with the termination guidance referenced above, the applicant’s one-year option to disenroll from SBP coverage is now open from 18 July 2022 through 17 June 2023, utilizing the DD Form 2656-2 with her spouse’s notarized consent.  However, no premiums will be refunded.  If the applicant takes no action during the one-year disenrollment period, the SBP will remain in effect.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 September 2022, for comment (Exhibit D), but has received no response.

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 concurs with the rationale and recommendation of AFPC/DPFFF and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2022-00632 in Executive Session on 15 December 2022:

, 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 1 February 2022.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DPFFF, dated 13 September 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 16 September 	2022.

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.