AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-00107
JUL. 0 7
COUNSEL: None
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he elected child only coverage
under the Survivor Benefit Plan ( S B P J
APPLICANT CONTENDS THAT:
During the briefing he received on the SBP, he was not informed
about placing his unborn child on the plan. Had he been so
informed, he would have started the SBP after the baby was born.
In support. of his request, the applicant submitted a copy of the
child's birth certificate, and a copy of the letter sent to the
Defense Finance Accounting Service (DFAS) requesting information
on obt.aining coverage for his child.
His complete submission is attached at Exhibit. A.
STATEMENT OF FACTS:
The applicant declined coverage under the SBP when he retired on
1. February 1995. His spouse concurred with his decision. His
son was born on 12 June 1995 and he failed to request child
coverage within the first year following the son's birth.
AIR FORCE EVALUATION:
The Retiree Services Branch, AFPC/DPPTR, reviewed the application
and recommended denial. They stated they have no way of knowing
what information he did or did not receive during his
preretirement briefing because his master personnel record does
not contain a copy of the SBP counseling RIP. However, those
briefings routinely provide information about SBP changes that
are permitted after retirement.
The applicant attended this
briefing less than one year before his child's birth and knew the
There is no
SBP had very specific rules governed by law.
evidence of error on the part of the Air Force and it would be
inequitable to other members who are similarly situated to
provide an additional opportunity for this member to elect child
coverage.
A complete copy of the evaluation is attached at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 4 August 1997 for review and comments within 30 days. As of
this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed,
3 . Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough
review of the evidence provided, we are persuaded that his request
to elect child coverage should be granted. In this respect, we
note that the form signed by the applicant and his spouse
declining coverage was signed on 14 September 1994; however, this
was prior to applicant's retirement briefing. While we realize
that retirement briefings routinely provide information about
changes permitted after retirement, since the applicant's record
does not contain a copy of the counseling R I P , we cannot determine
what information he received. Therefore, based on the above and
in an effort to prevent any injustice to applicant and his family,
we recommend his records be corrected to the extent indicated
below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 1 July 1995,
he elected under the Survivor Benefit Plan, child only coverage
based on full retired pay.
The following members of the Board considered this application in
Executive Session on 21 May 1998, under the provisions of AFI.
36-2603:
Mr. Henry C. Saunders, Panel Chair
Mrs. Barbara A. Westgate, Member
Ms. Ann L. Heidig, Member
Ms. Kay Byrne, Examiner (without vote)
AFBCMR97-00107
All members voted t o correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 J a n 97 with atchs.
Exhibit B. Applicant's Master Personnel Recorcs.
Exhibit C. Letter, AFPC/DPPTR, d a t e d 22 Jul 97.
HENAY c. SAUNDERS
3
AFBCMR97-00 107
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-00 107
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for Correction
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A
Stat 114), it is directed that:
records of the Department of the Air Force relating to-
e corrected to show that on 1 July 1995. he elected under the Surviiror
rage based on full retired pay.
Director
Air Force Review Boards Agency
STATEMENT OF FACTS: The Air Force indicated the applicant elected reduced spouse and child coverage The SBP counselor at d o ; F B , Nevada, provided verification that the applicant‘s wife did not attend the 4 Sep 96 SBP pre-retirement briefing. There is no evidence of error or injustice in this case and DPPTR recommends the requested relief be denied. The following members of the Board considered this application in Executive Session on 21 May 98, under the provisions of Air...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The member‘s wife elected spouse and child coverage based on full retired pay effective I Feb 98. However, if the Boards decision is to grant relief, the member's record should be corrected to show on 31 Jan 94 he elected spouse and child SBP coverage based on full retired pay.
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 97-00407 SEP 2 1898 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he declined to participate in the Survivor Benefit Plan (SBP) program at the time his name was placed on the Temporary Disability Retired List (TDRL). (Exhibit A) STATEMENT OF FACTS: The applicant elected insurable interest SBP coverage, naming his father as beneficiary,...
When a member fails to complete an SBP election prior to retirement, coverage is established for all eligible beneficiaries by operation of law. Title 10 USC Section 1448 (a) (3) requires that the spouse of a married member must concur in any election that provides less than full spouse SBP coverage. The statement from the member's husband concurring in her election to decline coverage is inappropriate in that he does not clearly acknowledge retired pay ceases when the member dies, that he...
- I I COUNSEL: None - RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS JUL 1 7 IN THE MATTER OF: DOCKET NO: 97-03293 HEARING DESIRED: NO - Applicant requests that the one year eligibility period for a spouse acquired after retirement be waived and she be granted a Survivor Benefit Plan (SBP) annuity. Applicant's submission is at Exhibit A. I The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending...
AIR FORCE EVALUATION: The applicant attended an SBP pre-retirement briefing on 28 August 1996 and signed an SBP Report on Individual Person (RIP) acknowledging his responsibility to complete an SBP election, with his wife's concurrence prior to his 1 November 1996 retirement. After thoroughly reviewing the applicant's submission and the evidence of record, we are not persuaded that the requested relief is There is no evidence to support the applicant's warranted. Exhibit C. Letter, AFBCMR,...
AFBCMR 97-02021 AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that the member did not elect spouse coverage at retirement. 0 APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to applicant and counsel on 29 Dec 97 for review and response within 30 days. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
There is no evidence of Air Force error or injustice. At the time of his divorce from his former spouse, he had no idea what SBP was, nor that he had converted his coverage to SBP coverage. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his records should be corrected to reflect that he filed a timely election to change his Survivor Benefit Plan (SBP) beneficiary from his former spouse to his current spouse.
AF | BCMR | CY2004 | BC-2004-00460
DPPTR states that if the Board’s decision is to grant relief, the member’s record should be corrected to reflect he declined spouse and child coverage effective 29 September 1982, and correction should be contingent upon the member’s waiving refund of any SBP premiums deducted before and after the death of his wife. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
He has insurance coverage. A complete copy of the Air Force evaluation, with attachments, is at Exhibit C. - APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The Air Force evaluation was forwarded to the applicant on 14 July 1997 for review and comment within 30 days. In fact, the available evidence clearly indicates that the applicant was counseled regarding the costs of participating in the SBP and he did elect to participate.