AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-00619
COUNSEL: None
HEARING DESIRED: No
Corrective action to terminate Survivor Benefit Plan (SBP) spouse
and child coverage.
APPLICANT CONTENDS THAT:
His SBP costs are in error. He elected child only coverage at
retirement and he wants all SBP coverage cancelled.
In support of his appeal, the applicant provided a statement from
his spouse who concurs with his request, a copy of DD Form 2656
(Data For Payment of Retired Personnel), a copy of the SBP
Notification Brief Report of Individual Person (RIP), an
Information Sheet on Projected Retiree for SBP, receipts for
certified mail, and a memo for record.
Applicant’s complete submission is attached at Exhibit A.
to his 1 Jan 97 retirement.
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. The counselor sent her a certified letter explaining
the options and effects of the SBP along with the election form
in order to acquire her concurrence/nonconcurrence. The return
receipt shows she received the package on 25 Oct 96; however, she
did not provide her concurrence in the election. The counselor
forwarded the hold-back copy of the election without the spouse’s
concurrence statement to the Defense Finance and Accounting
Service - Cleveland Center (DFAS-CL). Because the election for
reduced coverage was invalid, full spouse and child coverage was
established by DFAS-CL.
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AIR FORCE EVALUATION:
AFBCMR 97-00619
The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this
application and indicated that the statute controlling the SBP
holds that an election may not be revoked after the member
becomes entitled to retired pay. Section 1448 (a) ( 3 ) , Title 10,
United States Code (USC), requires that, prior to the member's
effective date of retirement, the spouse of a married member must
concur in any election that provides less than full spouse SBP
coverage. The applicant's election form clearly shows he elected
reduced spouse and child coverage, refuting his claim that he
elected child only coverage. He also signed the SBP RIP which
states that failure to obtain the spouse's concurrence would
result in maximum SBP coverage being established. There is no
basis in the law to terminate applicant's coverage as long as his
beneficiaries remain eligible. Approval of this request would
provide the applicant an opportunity not afforded other retirees
and is not justified. There is no evidence of error or injustice
in this case and DPPTR recommends the requested relief be denied.
A complete copy of the Air Force evaluation is attached at
Exhibit B .
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
22 Sep 97 for review and response. 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. Insufficient relevant evidence has been presented
demonstrate the existence of probable error or injustice.
took notice of the applicant's complete submission in judging
merits of the case; however, we agree with the opinion
recommendation of the Air Force and adopt their rationale as
basis for our conclusion that the applicant has not been
victim of an error or injustice. Therefore, in the absence
evidence to the contrary, we find no compelling basis
recommend granting the relief sought in this application.
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4. However, we note that Public Law (PL) 105-85 (effective
17 May 1998) provides an opportunity for retirees to terminate
participation in the SBP beginning on the second anniversary of
2
their receipt of retired pay. For further information, applicant
should contact the Retiree Services Branch (AFPC/DPPTR) at 1-800-
531- 7502 .
AFBCMR 97-00619
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.
The following members of the Board considered this application in
Executive Session on 21 May 98, under the provisions of Air Force
Instruction 36- 2603:
Mr. Henry C. Saunders, Panel Chair
Mrs . Barbara A. Westgate, Member
Ms. Ann L. Heidig, Member
Mrs. Joyce Earley, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Feb 97, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 8 Sep 97.
P ne1 Chair P
HE RY C. SAUNDERS
3
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