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AF | BCMR | CY1998 | 9703583
Original file (9703583.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  97- F&@,5 4 1999 
COUNSEL:  None 
HEARING DESIRED:  NO 

. \  

Applicant  requests his  records be  corrected to show he  elected 
spouse and child coverage under the Survivor Benefit Plan  (SBP) . 
Applicant's submission is at Exhibit A. 
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  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  insufficient  evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied, we  find  no  basis  to 
disturb the existing record.  Accordingly, applicant's request is 
denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the  Board  Mr.  Henry  C.  Saunders, Mrs.  Barbara  A .  
Westgate, and Ms.  Ann  L. Heidig  considered this application on 
27 October  1998 in accordance with the provisions of Air  Force 
Instruction 36-2603 and the governing statute, 10 U,S.C. 1552. 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEPARTMENT  O F  T H E  A I R   FORCE 

HEADQUARTERS AIR FORCE  PERSONNEL  CENTER 

RANDOLPH  AIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM: HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  781 50-471 3 

SUBJECT:  Application for Correction of Military Records 

Requested Correction:  The member is requesting corrective action to show he 
elected spouse and child coverage based on full retired pay under the Survivor Benefit 
Plan (SBP). 

Basis for Request:  The applicant claims he was not properly counseled on the 

SBP prior to retiring. 

Backaround:  A member who fails to provide SBP coverage for eligible 
beneficiaries at the time of retirement may not later elect coverage for that person 
or another person of the same category unless Congress authorizes an open 
enrol I men t . 

- Facts:  The applicant was married and elected to decline SBP coverage at Travis 
AFB CA prior to his I Feb 94 retirement.  His wife, on active duty at the time, concurred 
in his election.  Although the member‘s record does not contain a copy of the SBP RIP 
which outlines the options and effects of the Plan, a cost estimate sheet, routinely 
prepared by the counselor prior to the briefing appointment, was located in the 
member‘s UPRG.  The member‘s wife elected spouse and child coverage based on full 
retired pay effective I Feb 98. 

Discussion:  The applicant makes an unsubstantiated claim of “negative” 
counseling during his SBP briefing; however, he was ultimately responsible for making 
the election best suited to his family’s situation.  Additionally, our review of SBP 
participation rates at Travis AFB CA during that timeframe, while not tracked by 
individual counselors, indicates a 67 percent participation rate in comparrison to a 62 
percent participation rate Air Force wide, confirmation the staff was doing a good job.  It 
would be contrary to the letter and intent of the law, as well as inequitable to other 
retirees who bypassed SBP when eligible and would like to enroll now, to allow the 
member to enter the program. 

9703583 
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Recommendation:  There is no evidence of an Air Force error or injustice in this 

case; therefore, we recommend the request be denied.  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. 
Approval should be contingent on the recovery of appropriate retroactive premiums. 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate Pers Prog Management 

9703583 



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