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
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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
f the Department of the Air Force relating to corrected to show that on 1 May 1992, he elected, , to add spouse coverage to his child coverage under h_l)r-n-..L DONNA PITTENGER Chief Examiner Air Force Board for Correction of Military Records '8. Basis for Request: The applicant claims his open enrollment application fell through the cracks during the transition of retired pay from- Background: A member, who is unmarried at retirement, may elect coverage for a newly acquired spouse;...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
'Panel Chairman / Attachment: Ltr, AFPCDPPTR, dtd 3 Oct 97 DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL C E N T E R R A N D O L P H AIR FORCE BASE T E X A S - MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 1 I Randolph AFB TX 781 50-471 3 SUBJECT: Application for Correction of Military Records Ref ere nce : Requested Correction: The applicant is requesting corrective action to show he filed a timely election for former spouse and child coverage under the...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member‘s death. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend that the...
AIR FORCE BOA~D FOR CORRECTION OF MILITARY RECORDS . The 'appropriate Air Force 'office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However should the Board decide to grant relief, the member’s records should be corrected to void his election to add71is child as an SBP beneficiary and refund the portion of the SBP premiums related to the child coverage.
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...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit B). Applicant's response to the advisory opinions is at Exhibit D. 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. i - - 550 C Street West, Suite 14 Randolph AFB TX 78150-4716 MEMORANDUM FOR AFBCMR FROM: HQ...
PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt D E P A R T M E N T O F T H E A I R FORCE H E A D Q U A R T E R S AIR FORCE P E R S O N N E L C E N T E R R A N D O L P H AIR FORCE B A S E TEXAS MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-4713 SUBJECT: Application for Cortection of Military Records Requested Correction: The applicant, former spouse of the above-named retired member, is requesting corrective action...
APPLICANT CONTENDS THAT: On 21 October 1992, he went to the AFB Personnel Center to check on the SBP status of hi insure that she was enrolled, and also to enroll two newly adopted small children (of his deceased son) during the SBP Open Enrollment Election period. Applicant's complete submission is attached at Exhibit A. At the time, he did not receive any paperwork pertaining to the fact that his wife or his children were enrolled.
- 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...