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).
APPLICANT CONTENDS THAT:
When he signed up for SBP coverage, his mental state and heavy
medication prevented him from making the election he truly desired,
In support of his request, applicant provided his expanded
comments, prepared jointly with his father; a copy of his election
certificate and a statement from his father concurring with his
request to terminate coverage under the SBP; and documentation
associated with his retirement f o r disability. (Exhibit A)
STATEMENT OF FACTS:
The applicant elected insurable interest SBP coverage, naming his
father as beneficiary, prior to being placed on the Temporary
Disability Retired List (TDRL) effective 14 February 1974.
AIR FORCE EVALUATION:
The Retirees Services Division, AFPC/DPPTR, reviewed this
application and found no indication that the applicant was mentally
incompetent, unable to manage his affairs or unable to make a valid
SBP decision at the time he was placed on the TDRL.
Public Law (PL) 92-425, which established the SBP, held that an SBP
election was basically irrevocable and could not be changed after
the member became entitled to retired pay. Until recent changes in
the statute, insurable interest coverage could be changed only if
the member married or acquired a child and converted to spouse
and/or child coverage within the first year after gaining the new
beneficiary. PL 103-337, 5 October 1994, allows participants to
arbitrarily terminate insurable interest coverage unless the
beneficiary is the member's former spouse.
DPPTR found no evidence of an Air Force error; however, they
recommended partial relief be granted and that the applicant's
records be corrected to show he requested insurable interest SBP
costs and coverage be terminated under the provisions of PL
103-337, effective 1 November 1994. They further recommended the
SBP debt from August 1992 to that date be waived.
The complete evaluation is at Exhibit C.
EXAMINER'S NOTE: AFPC/DPPTR advised that in response to a 6 April
1998 statement from applicant and his father, applicant was
administratively disenrolled under the provisions of PL 103-337,
effective P May 1998. However, the debt still remains for the
coverage between Aug 92 (when applicant's VA compensation exceeded
his retired pay) until the date coverage was stopped. Applicant's
request for a correction of records to show he never participated
in the SBP program remains to be resolved by the AFBCMR.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 27 October 1997 for review and comment 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 not timely filed; however, it is in the
interest of justice to excuse the failure to-timely file.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After careful review
of the applicant's complete submission, we are not persuaded that
the applicant was not aware of the conditions of his Survivor
Benefit Plan (SBP) election at the time his name was placed on the
Temporary Disability Retired List (TDRL). Inasmuch as he made an
election for insurable interest coverage, naming his father as
beneficiary, it is reasonable to assume that he had at least a
basic understanding of the program.
In addition, the final
decision whether or not to participate in the program rested with
the applicant.
Therefore, we do not believe favorable
consideration of the applicant's stated request would be
appropriate on the basis of the evidence provided. Nevertheless,
Public Law (PL) 103-337, effective 1 November 1994, authorized
members participating in the Uniformed Services Survivor Benefit
2
AFBCMR 97-00407
Plan f o r an insurable interest beneficiary to voluntarily terminate
participation.
Therefore, to preclude any injustice to the
applicant, we agree with the recommendation of the office of
primary responsibility that applicant's records should be corrected
to reflect termination of his SBP coverage under the provisions of
PL 103-337 and that the SBP accrued between August 1992, when his
VA compensation exceeded his retired pay, and the date of
termination of the coverage be waived. Accordingly, we recommend
that the records be corrected as 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 he requested
insurable interest Survivor Benefit Plan costs and coverage be
terminated under the provisions of Public Law 103-337, effective
1 November 1994; and, that competent authority waived the SBP debt
accrued between August 1992 and November 1994.
The following members of the Board considered this application in
Executive Session on 16 July 1998, under the provisions of AFI
36-2603:
Mr. Henry C. Saunders, Panel Chair
Mr. David C. Van Gasbeck, Member
Mrs. Barbara A. Westgate, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Feb 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 9 Oct 97, w/atch.
Exhibit D. Letter, SAF/MIBR, dated A 27 'Oct 97.
//
C. SAUNDERS
Chair
3
AFBCMR 97-00407
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