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 
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and 
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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 
p" 
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