RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03718
INDEX CODE: 137.04
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to allow her to withdraw from participation in the
Supplemental Survivor Benefit Plan (SSBP) and all monies paid be refunded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was not provided adequate counsel or information to make the proper
decision concerning SSBP at the time she was forced to make an election.
The excessive premiums present a hardship upon her and her spouse.
In support of her application, the applicant provided a copy of her
retirement leave and earnings statement and documentation showing her
enrollment date in the program. The applicant’s complete submission is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force Reserve on 18 August 2003 at the
age of 60, in the rank of lieutenant colonel. The applicant elected SSBP
coverage on 3 April 1992 for option C (immediate annuity) for spouse only
with 20% supplemental.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. DPS states that the applicant was sent an
information package, including an explanation of the SSBP option, during
the April 1992 through March 1993 open enrollment period. The applicant
requested to participate in the SSBP option and elected option C (immediate
annuity) for spouse only with 20% supplemental. The election the applicant
made effective 1 April 1992 is irrevocable. Under Title 10 U.S.C., there
is no provision where a member can change an election after 30 days of
initial election. Under Title 10 U.S.C., Section 1448a, the applicant may
elect, between her second and third anniversary of drawing retired pay, to
discontinue coverage.
DPS states that the records do not show the applicant was improperly
counseled or misinformed. The DPS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19
December 2003 for review and comment within 30 days (Exhibit D). As of
this date, this office has received no response.
_________________________________________________________________
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 to demonstrate the
existence of 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. Evidence provided indicates the applicant chose to elect spouse
SSBP coverage on 3 April 1992 for Option C (immediate annuity) for spouse
only with 20% supplemental. The applicant has not provided any evidence
that would lead us to believe that the SSBP information provided, at the
time of her election, was misleading or inaccurate. Therefore, in the
absence of evidence to the contrary, 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. Accordingly, 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 27 January 2004, under the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Leslie E. Abbott, Member
Mr. Mike Novel, Member
The following documentary evidence was considered in connection with AFBCMR
Docket No. BC-2003-03718:
Exhibit A. DD Form 149, dated 29 Oct 03, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 15 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
JOSEPH A. ROJ
Panel Chair
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