AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
JUN 1 6 1998
DOCKET NUMBER: 97-00262
COUNSEL: None
HEARING DESIRED: NO
IC
APPLICANT REQUESTS THAT:
Spouse and child coverage under the Survivor Benefit Plan (SBP)
be terminated.
APPLICANT CONTENDS THAT:
He and his wife thought they were not applying for the SBP
coverage. He did not know he was going to be charged for the SBP.
He has insurance coverage. He submits a Retiree Account Statement
showing an allotment for an insurance premium in support. This
added insurance expense is causing an unexpected burden against
their finances.
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
Relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
AIR FORCE EVALUATION:
/ I
The Chief , Retiree Services Branch, HQ AFPC/DPPTR, re*iewed this
appeal and states that applicant's claim that he did not know he
was enrolled and that there would be a charge for the coverage
cannot be substantiated. The SBP counselor reported the applicant
attended her briefing in May 1996 and she provided a copy of the
applicant's election, a worksheet used to compute the cost, and
the Report of Individual Person (RIP). He was properly briefed,
specifically about the cost associated with participation, and he
made an informed decision. In addition, there is no basis in law
to terminate coverage as long as the beneficiaries remain
eligible. The author strongly recommends the relief be denied.
A remedy is provided should the Board decide to grant relief,
contingent on the wife's written concurrence in
of the coverage now in effect and she thereby
which should be
the termination
forfeits any future claim to the SBP annuity.
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. His wife
submitted a statement wherein she asserts she does not want, and
never wanted, SBP coverage as she is already well-covered with
life insurance.
The wife's statement is at Exhibit E.
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2 . The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice to
warrant terminating applicant's participation in the SBP. After a
thorough review of the evidence of record and the applicant's
submission, we are not persuaded that he has been the victim of
either an error or an injustice. Applicant's contentions are
duly not-ed; however, we do not find these uncorroborated
assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. 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. We therefore agree with the
recommendations of the Air Force and adopt the rationale
expressed as the basis for our decision that the applicant has
failed to sustain his burden that he has suffered either an error
or an injustice. In view of the above and absence persuasive
evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
4. However, Public Law (PL) 1 0 5 - 8 5 (effective 17 May 1998)
provides an opportunity for retirees to terminate participation
in the SBP beginning on the second anniversary of their receipt
of retired pay. There will be no refund of premiums paid into the
program and the spouse's concurrence will be required. For
further information, applicant should contact the Retiree
Services Branch (AFPC/DPPTR) at 1-800-531-7502. (An extract of PL
105-85 is attached to the letter to the applicant.)
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented'did not
demonstrate the existence of probable 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.
P
The following members of the Board considered this application in
Executive Session on 21 May 1998, under the provisions of AFI 3 6 -
2603 :
Mr. Henry C. Saunders, Panel Chair
Mrs. Barbara A. Westgate, Member
Ms. Ann L. Heidig, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jan 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 30 Jun 97, w/atchs.
Exhibit D. Letter, AFBCMR, dated 14
Exh5bit E. Letter, Applicant's
3
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In fact, the item was the spouse notification letter sent by the SBP counselor to inform his wife of the options and effects of the SBP and to advise her that her concurrence was required in any election other than full spouse coverage. Basis for Request: The applicant claims he received an incorrect SBP briefing and the child SBP premiums are four times more than he was briefed. v 8 b. Unmarried children normally remain eligible beneficiaries until they reach age 18, or age 22 if...
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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,...
Therefore, under the authority delegated in AFI 36-2603, the applicant’s records will be corrected as set forth in the accompanying Memorandum for the Chief of Staff signed by the Executive Director of the Board or his designee. PL 99-145,8 Nov 85 (effective 1 Mar 86) provided former spouse coverage with the same premiums and features as spouse coverage and authorized an open enrollment period (8 Nov 85 - 7 Nov 86) for members to change from insurable interest option (with the former...
AF | BCMR | CY2008 | BC-2007-04088
_________________________________________________________________ APPLICANT CONTENDS THAT: Her father has not had contact with his spouse for over 15 years and financially he can no longer afford SBP premiums. There is no record the applicant submitted a DD Form 2656-2 required to terminate his SBP coverage during the disenrollment period provided by PL 105-85. There is no evidence of an Air Force error or injustice in this case; therefore, DPPRT recommends the request be denied.
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There is no evidence of an Air Force error or injustice, nor is there any basis in law to grant relief. In some states you are automatically divorced after such a length of time. After a thorough review of the evidence of record and applicant’s submission, we are unpersuaded that he should be allowed to terminate spouse coverage under the SBP.