AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 98-00888
COUNSEL: None
#&v 1 3 ?9%
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
His records be changed to show he elected spouse and child
coverage under the Survivor Benefit Plan (SBP).
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.
The personnel clerk completed the necessary form and assured him
that what he wanted had been accomplished. He did not notice at
that time that his wife was left off the enrollment form. He
trative error on 23 March 1998 during his
discovered th
visit to the
Retiree Activities Office. He asked the
Director to c
lled and
e status of his SBP ele
the Defense Finance and Accounting Service
learned that his wife was not included on the election form. It
is imperative that this correction be made immediately. He is 78
years old and should he become deceased his wife and children
would have very little support for their survival.
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
The applicant was married on 17 August 1957, but did not return
an election form during either the initial SBP open enrollment or
the 81-82 open enrollment period. He elected child o n l y SBP
coverage based on full retired pay during the 1 April 1992 -
31 March 1993 open enrollment which became effective 1 November
1992.
Public Law 101-189 held that once a member made an election
resulting in a change to his SBP coverage, that member could not
make another change under the provisions of the open enrollment.
98- 00888
AIR FORCE EVALUATION:
The Chief, Retiree Services Branch, Directorate of Pers Program
Management, HQ AFPC/DPPTR, reviewed this application and states
that there is no evidence of error or injustice in this case and
they recommend the request be denied.
A complete copy of the evaluation is attached at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
When he retired in 1970,
The applicant reviewed the advisory opinion and states that he is
requesting a change in his military records by adding his wife to
there were no options of this
the plan.
kind offered. He was under the impression that his wife would
automatically receive a portion of his retirement check. In
1988, his wife and he adopted their great grandchildren, and it
was shortly after that when he enrolled the children in the plan.
He was led to believe that his wife was included in it as well.
At the time, he did not receive any paperwork pertaining to the
fact that his wife or his children were enrolled. He just
recently found out that his wife was not included.
Applicant's complete response is attached at Exhibit D.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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.
to
We
the
and
the
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of
to
98- 00888
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 24 March 1998, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 31 July 1998.
Exhibit D. Letter, AFBCMR, dated 17 August 1998.
Exhibit E. Applicant's Response, dated 1 September 1998.
/
HE&Y c. SAUNDERS
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P el Chair
3
D E P A R T M E N T O F T H E A I R F O R C E
H E A D Q U A R T E R S AIR F O R C E 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 T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-471 3
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action that would
permit him to change his Survivor Benefit Plan (SBP) coverage from child only to
spouse and child.
Basis for Request: The applicant claims his intention was to enroll his spouse
and adopted children during the 1992 open enrollment period, but the enrollment form
was improperly prepared.
Backwound: Public Law (PL) 101 -1 89 held that once a member made an
election resulting in a change to his SBP coverage, that member could not make
another change under the provisions of the open enrollment.
- Facts: Records indicate the applicant was married on 17 Aug 57, but did not
return an election form during either the initial SBP open enrollment or the 81-82 open
enrollment period. He elected child only SBP coverage based on full retired pay during
the 1 Apr 92 - 31 Mar 93 open enrollment which became effective 1 Nov 92.
Discussion: The Feb 92 issue of the Afterburner, USAF News for Retired
Personnel, sent to all retirees by direct mail, was devoted to options available to
retirees who wished to make an open enrollment SBP election. The newsletter
contained detailed instructions and examples to use to compute the cost and included
toll-free numbers for retirees to call for additional information or if they had questions.
The newsletter plainly stated that, once made, the election was basically irrevocable.
There is no provision in PL 101-189 that permits changes to the open season election.
Approval of this request would provide the applicant an opportunity not afforded other
retirees and is not justified by the evidence presented.
Recommendation: There is no evidence of error or injustice in this case and we
strongly recommend the request be denied. However, if the Board's decision is to
grant relief, the member’s record should be corrected to reflect on 31 Oct 92 he elected
spouse and child SBP coverage based on full retired pay. Approval should be
contingent upon recoupment of all applicable premiums.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
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