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AF | BCMR | CY1998 | 9703450
Original file (9703450.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

FEB 2 4 1999 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03450 
COUNSEL:  None 
HEARING DESIRED: No 

APPLICANT REQUESTS THAT: 
Her records be  corrected to  show she declined  Survivor Benefit 
Plan  (SBP) coverage. 

APPLICANT CONTENDS THAT: 

She did  have the  five minute  SBP briefing  five months prior  to 
actual retirement, but with all of the other things that you must 
do  to out-process  (different checklists), she did  forget to go 
back  to the SBP office and  sign the form.  If  this would  have 
been a part of routine out-processing, there would be no problem. 
She  also  contends  that  at  each  base  there  are  only  a  limited 
amount of retirees each month, an extra effort should be made by 
the SBP office at each base to remind individuals that they have 
not completed the paperwork, if it is not incorporated as a part 
of  routine  out-processing. 
If  the  military  expects  full 
commitment from all members, then an effort must be made on the 
part  of  the military to take care of  its people, no matter how 
small  the  effort. 
This  seems  like  a  pretty  small  request, 
especially in light of all the contributions that one makes in 20 
years of service. 
In support of the appeal, applicant submits a statement from her 
spouse stating he concurs with his wife's decision not to enroll 
in the SBP. 
Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

Applicant  was  married  when  she  retired  from  the  Air  Force 
effective 1 October 1997. 
Applicant  failed to complete the documents required to properly 
establish  her  retired  pay  account  including  the  SBP  election, 
prior to her retirement date.  Consequently, the Defense Finance 

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97- 03450 

and Accounting Service  -  Cleveland Center  (DFAS-CL) established 
spouse coverage based on full retired pay to comply with the law. 
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. 

AIR FORCE EVALUATION: 

The  Chief, Retiree  Services  Branch, AFPC/DPPTR,  reviewed  this 
application and  states that  the  SBP counselor at  Mountain Home 
AFB,  ID  reported  she  sent  an  SBP  Report  on  Individual Person 
(RIP) to the member scheduling an SBP briefing for 11 April 1997. 
The member failed to appear and the counselor made numerous phone 
calls to the member, but received no response.  Although the SBP 
counselor's role is to brief and assist the member in making an 
SBP  election,  it  is  ultimately  the  member's responsibility to 
ensure that all appointments are kept or rescheduled.  There is 
no  basis  in  the  law  to  terminate  her  coverage  as  long  as  her 
beneficiary  remains  eligible.  Approval  of  this  request  would 
provide the applicant an opportunity not afforded other retirees 
and  is not  justified.  However, Public Law 105-85  (18 November 
1997) will provide the applicant a one-year window  (beginning on 
the  second anniversary of  her  retirement) to  terminate all  SBP 
participation. 
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  is  currently  eligible  to  receive 
approximately $640 per month, and approval of  the request would 
result in him receiving no monetary benefit from the Air Force in 
the event of the applicant's death.  They recommend the requested 
relief be denied. 
A complete copy of the evaluation is attached at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
A  complete copy of the Air Force evaluation was forwarded to the 
applicant on 30 March 1998,  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 

97- 03450 

, 

2.  The application was timely filed. 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence of  probable  error  or  injustice.  We 
took notice of the applicant's complete submission in judging the 
merits  of  the  case;  however,  we  agree  with  the  opinion  and 
recommendation of the Air Force and adopt their 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  compelling  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  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 27 October 1998, under the provisions of AFI 
3 6 - 2 6 0 3  : 

Mr. Henry C. Saunders, Panel Chair 
Ms. Ann L. Heidig, Member 
Mrs. Barbara A. Westgate, Member 
Ms. Gloria J. Williams, Examiner  (without vote) 

The following documentary evidence was considered: 

Exhibit A. DD Form 149, dated 6 November 1997, w/atchs. 
Exhibit B. Applicant's Master Personnel Records. 
Exhibit C. Letter, AFPC/DPPTR, dated 24 March 1998. 
Exhibit D. Letter, AFBCMR, dated 30 March 1998. 

i9 
C. SAUNDERS 

P 

Pa el Chair 

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