RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00728 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected in order to stop Survivor Benefit Plan 
(SBP) premium payments under Public Law 105-261, and he be 
refunded for overpaid premiums. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He requested to have SBP started when he retired in 1964; 
however, his record reflects he has only paid premiums for 337 
months. He believes he has paid premiums longer than that. 

 

The applicant does not provide any evidence in support of his 
appeal. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was released from the Regular Air Force in the 
grade of captain (O-3) effective 30 June 1964 and retired 
effective 1 July 1964. He served 20 years, 2 months, and 28 days 
on active duty. 

 

The remaining relevant facts are contained in the letter prepared 
by the Air Force office of primary responsibility (OPR) at 
Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states Public Law (PL) 87-
381, which established the Retired Serviceman’s Protection Plan 
(RSFPP), required members to make their RSFPP elections before 
completing 18 years of service. PL 92-425, which established the 
SBP on 21 September 1972, authorized a 12-month enrollment period 
(later extended to 18 months) for retired members to elect SBP 
coverage. RSFPP participants could elect SBP and retain RSFPP; 


elect SBP and terminate the RSFPP; or decline SBP and keep their 
RSFPP. PLs 97-35, 101-189, 105-261, and 108-375 later authorized 
four additional open enrollment periods. During all five open 
enrollment periods, members were advised by direct mail of their 
eligibility to make an election. PL 105-261, dated 17 October 
1998, permits SBP participant’s premiums be discontinued after 
they pay a total of 360 months and attain age 70; however, the 
“paid-up” provision did not commence for eligible participants 
until 1 October 2008. PL 106-65, 5 October 1999 extended the 
“paid-up” provision to the RSFPP to become effective 1 October 
2008. 

 

DPSIAR states the Air Force Accounting and Finance Center (AFAFC) 
records reflect the applicant elected spouse and child coverage 
under the RSFPP prior to his 1 July 1964 retirement. The record 
does not contain any evidence the applicant submitted an SBP 
election during the initial open enrollment following the Plan’s 
enactment. He retained coverage under the RSFPP and on 
22 October 1981, elected spouse only SBP coverage based on full 
retired pay during the open enrollment period authorized by PL 
97-35. RSFPP was paid up effective 1 October 2008. As of 
1 April 2010, Defense Finance and Accounting Service – Cleveland 
Center (DFAS-CL) records properly reflect the applicant has paid 
only 341 months. 

 

DPSIAR indicates that while the applicant believes he enrolled in 
the SBP when he retired, he could not have elected SBP in 1964, 
more than eight years before the Plan was created. Furthermore, 
retired pay records reflect no SBP premiums were deducted from 
his retired pay until November 1981. By waiting until the 1981-
1982 SBP open enrollment to elect SBP coverage, the applicant has 
not paid the 360 monthly premiums that a participant must pay to 
be considered “paid-up.” To provide him credit for over ten 
years of non-participation in the SBP is not merited and would be 
inequitable to other retirees in similar situations. It is 
DPSIAR’s opinion that there is no evidence of an Air Force error 
or injustice in this case. 

 

The complete DPSIAR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 4 June 2010 for review and response within 30 days (Exhibit 
D). As of this date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 


1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we believe he is confused or unaware that he 
has a paid-up policy under the RSFPP as of 1 October 2008. As 
indicated in the Air Force advisory opinion, his records reflect 
he retained coverage under the RSFPP, and on 22 October 1981, he 
elected spouse only SBP coverage based on full retired pay. 
Based on his enrollment in the SBP, he has not paid the 
360 monthly premiums in order be “paid-up.” Once he has paid the 
360 months of SBP premiums, he will have two insurance policies, 
RSFPP and SBP. Based on the foregoing, we agree with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion that the applicant has not been the victim of an error 
or injustice. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00728 in Executive Session on 21 October 2010, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-00728: 

 

Exhibit A. DD Form 149, dated 15 Feb 10. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSIAR, dated 16 Apr 10. 

Exhibit D. Letter, SAF/MRBR, dated 4 Jun 10. 

 

 

 

 

 

 Panel Chair