DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

O f k e  of the Assistant Secretary 

AFBCMR 98-00669 

JAN  I 5  1999 

MEMORANDUM  FOR THE CHIEF OF STAFF 

Under the authority of Section 1552, Title 10, United States 

Code, Air Force Instruction 36-2603, and having assured 
compliance with the prov$sions of the above regulation, the 
decision of the Air Force Board for Correction of Military 
Records is announced, and it is directed that: 

The pertine 
Force relating t 
show that on 28 
coverage and his wife concurred in his election. 

ment of the Air 
be corrected to 
Benefit Plan 

C$ief  Examine? 
Air Force Board for 
of Military Records 

Correction 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 9 8 - 0 0 6 6 9  

JAN  I5 I999 

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR 
SUBJECT : 

SAN: 1 

Having carefully reviewed this application, we agree with 
the recommendation of the Air Force and adopt the rationale 
expressed as the basis for our decision that the applicant has 
been the victim of either an error or an injustice.  Therefore, 
under the authority delegated in AFI 3 6 - 2 6 0 3 ,   the applicant's 
records will be corrected as set forth in the accompanying 
Memorandum for the Chief of Staff signed by the Executive 
Director of the Board or his designee. 

Panel Chair 

Attachment: 
Ltr, AFPC/DPPTR, dtd 10 Nov 98 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS  AIR  FORCE P E R S O N N E L C E N T E R  

RANDOLPH AIR  FORCE BASE TEXAS 

MEMORANDUM FOR AFBCMR 
FROM: HQ AFPC/DPPTR 

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

SUBJECT: 

Backwound:  The applicant previously requested his Survivor Benefit Plan 

(SBP) election be changed to show he declined coverage.  In our 29 Jun 98 advisory, 
we recommended his request be denied as there was no evidence of Air Force error 
nor any basis in law to grant relief.  Subsequently, the applicant rebutted the advisory 
claiming the error occurred as a result of the "grossly incorrect briefing" he received. 

Facts: 

a.  The member refers to "a signed estimate sheet" as proof of the incorrect 

briefing.  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.  Although 
that letter contained examples of child SBP costs, those costs were only samples for 
the purpose of general information. 

b.  The percentage factors for child premiums are developed by the Department 

of Defense (DoD) Actuary.  These factors are based upon the ratio of actual ages of 
the retiring member and the member's youngest child.  Standard procedure for all 
retirements is to provide a cost estimate worksheet to each member.  When computing 
the actual SBP premiums, the finance center uses the member's SBP base amount and 
the applicable child factor, incorporating the appropriate premium computation to 
establish the actual SBP monthly cost. 
Discussion:  In every case, as it is in this case, each member has-the  - 
responsibility to make the SBP election that best suits their family.  Since the SBP is a 
voluntary benefit, it is our belief that every member making an SBP election is 
exercising his or her free will and is assuming the responsibility of that decision.  To 
ensure they understand their responsibilities pertaining to the SBP, we require each 
retiring member to sign an SBP Report-Individual Person (RIP).  By signing the RIP, 
the applicant certified he was briefed on the options and effects of the SBP and 
understood that his SBP election was basically irrevocable.  Nevertheless, there is no 
evidence the counselor explained that the factor which would be used to compute his 

. 

f 

child only premiums would be greater than the factor used in the samples reflected in 
the spouse notification letter (the applicant was seven years younger and his children, 
two years younger than the example). 

. 

Recommendation: To preclude an injustice based on the possibility of an 
administrative deficiency, we recommend that the member's record be corrected to 
reflect that on 28 Aug 97 he elected to decline SBP coverage and his wife concurred in 
his election. 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate of Pers Program Mgmt 

c 

I 

DEPARTMENT  OF .THE AIR  FORCE 

HEADQUARTERS AIR  FORCE P E R S O N N E L  CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

- 

29 3uh' 1998 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

SUBJECT: Application for Correction of Military Records 

Requested Correction:  The applicant is requesting corrective action to terminate his 

child only coverage under the Survivor Benefit Plan (SBP). 

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. 

"**-e-- 

Background: 

a.  The statute controlling the SBP holds that an election may not be revoked after the 

member becomes entitled to retired pay.  That election was irrevocable as long as the 
beneficiary remained eligible.  However, Public Law (PL) 105-85 (I 8 Nov 97) authorizes retirees 
to terminate SBP participation during a one-year window beginning on the second anniversary 
of the member's retirement. 

v 
8 

b.  Unmarried children normally remain eligible beneficiaries until they reach age 18, or 

age 22 if attending school on a full-time basis 

Facts:  The member received an SBP briefing, signed the Report on Individual Person 

(RIP) in which he acknowledged he was briefed on the options and effects of the SBP, declined 
coverage at Spangdahlem Air Base, Germany on 18 Jul97, prior to being placed on the 
Temporary Disability Retired List (TDRL) effective 29 Aug 97, and his spouse concurred in the 
election.  After returning to McGuire AFB, NJ, he changed his election to child only coverage 
based on full retired pay two weeks before the effective date of being placed on the TDRL.  His 
monthly premiums for child coverage are currently $23.46. 

Discussion: The applicant's claim that he received an incorrect briefing cannot be 

substantiated.  The letter he enclosed with this application was sent to his wife and gave only 
examples of child SBP premiums.  He had ample time and opportunity to verify the correct 
amount of child costs at Spangdahlem AB and later at McGuire AFB.  To provide relief at this 
time would provide the applicant an opportunity not afforded .other retirees in a similar situation. 
However, the applicant will be able to terminate his SBP participation on the 2"d anniversary of 
his retirement (29 Aug 99). 

Recommendation:  There is no evidence of Air Force error nor any basis in law to grant 
relief; therefore, we recommend the request be denied.  However, if the Board's decision is to 

grant relief, the applicant’s election for child only coverage should be voided and his record 
corrected to reflect he declined coverage effective 28 Aug 97.  Approval should be contingent 
upon his obtaining a statement 
children’s SBP coverage. 

-  . . _  his wife concurring in his election to terminate their 

... . _ .  from 

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

u 
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