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
c
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.
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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
3
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...
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.
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.
In support of her appeal, the applicant provided a personal statement, Election Statement For Former Spouse Coverage, DD Form 1882 (Survivor Benefit Plan Election Change - Former Spouse) , DD Form 2293 (Application For Former Spouse Payments From Retired Pay), and other documentation. The law does not permit former spouse coverage after divorce if the member was married at the time of retirement, but declined spouse coverage. The following members of the Board considered this application...
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. 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...
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,...
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...
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.
- 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 Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that at the time of the applicant's divorce there was no provision under the SBP law to continue coverage to a former spouse. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did noz demonstrate the existence of probable material error o r injustice; that the application was denied without a personal appearance; and that the application will only be...