RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02976
INDEX CODE: 137.03
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he declined coverage under the Survivor
Benefit Plan (SBP) rather than electing spouse coverage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He applied for a term insurance policy and must have inadvertently marked
that he wanted SBP while he was waiting to find out if his application was
accepted. His spouse signed the DD form 2526, Section XI, SBP Spouse
Concurrence, her agreement for not receiving full coverage. He didn’t
realize the error until he received his first retirement check.
In support of his application, he provided a personal statement a copy of
his DD Form 2656, a copy of his personal insurance policy transmittal and a
copy of his retirement orders. The applicant’s complete submission with
attachments is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from his Reserve assignment and transferred to
the Retired Reserve Section, in the grade of Lieutenant Colonel, effective
20 April 1994. The applicant became eligible to receive retired pay at age
60 on 25 July 2002.
On 28 March 2002, the applicant had completed and signed Section XI of the
DD Form 2656, electing full coverage for his spouse. On 23 July 2002, the
applicant’s spouse signed the DD Form 2656, Section XI, SBP Spouse
Concurrence.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPP reviewed the applicant’s case file and recommends disapproval.
The spouse’s signature in Section XI (#30) of the DD Form 2656, is not
required unless a married member elects child-only coverage, does not elect
full spouse coverage, or declines coverage. However, since the statement
above the spouse’s signature line says, “I hereby concur with the Survivor
Benefit Plan election made by my spouse,” it is not unusual for the spouse
to sign the form even when the member is electing full coverage.
Therefore, HQ ARPC/DPPR had no reason to question the validity of the
applicant’s SBP election of full coverage for his spouse.
Title 10, United States Code, Section 1448(a)(4)(A) states an election
under the SBP is irrevocable if not revoked before the date on which the
person first becomes entitled to retired pay. Since the applicant did not
revoke his election prior to his 60th birthday, he cannot revoke the
coverage for his spouse now. However, a member can withdraw from the
program any time during the 1-year period, beginning on the second
anniversary of the date on which payment of retired pay begins. The DPP
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant believes that he should not be made to wait for two years
before making the change to his SBP election. The applicant’s rebuttal is
at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the evidence of
record, we are not persuaded that the applicant has been the victim of an
error or injustice. The applicant completed and signed the DD Form 2656
electing full SBP coverage for his spouse. The applicant asserts that he
did not understand the nature of his election. However, other than his own
assertions, he has provided no evidence that would lead us to believe the
SBP counselor provided misleading or inaccurate information. In this
regard, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 21 January 2003, under the provisions of AFI 36-2603:
Mr. David C. VanGasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered in connection with AFBCMR
Docket No. BC-2002-02976:
Exhibit A. DD Form 149, dated 14 Sep 02, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPP, dated 4 Nov 02.
Exhibit D. Letter, SAF/MRBR, dated 8 Nov 02
Exhibit E. Applicant’s Rebuttal, dated 8 Dec 02
DAVID C. VANGASBECK
Panel Chair
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