RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04282
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to reflect the Survivor Benefit Plan (SBP)
coverage he selected was for spouse and dependent children and not
spouse only. He would like his ex-wife and children to be covered
under SBP.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The SBP counselor checked the box for spouse only instead of spouse
and children on his application form. He states the counselor
recommended he select spouse and children coverage (as it would only
cost him $1 dollar more) to which he agreed. The counselor however,
checked the spouse only box, but later said she would change it for
him. He states he wants his SBP benefits to go to his ex-wife and his
children on his death, not to his future wife.
In support of his appeal, the applicant has provided copies of his DD
Form 2656, Data for Payment of Retired Personnel, DD Form 2656-1,
Survivor Benefit Plan Election Statement for Former Spouse Coverage,
his former spouse’s marriage certificate, and his divorce decree
including custody and property agreements.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member was married and elected spouse only coverage based on full,
retired pay prior to his 1 February 2000 retirement. The date of his
divorce could not be verified, however the Defense Enrollment
Eligibility System (DEERS) records show his former spouse lost her
eligibility in April 2000. There is no evidence that the applicant
reported the change in his marital status or that he made a valid
election change to his SBP coverage from spouse to former spouse
within the allotted one-year time frame following his divorce.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. DPPTR states there is no way they can
either confirm or deny the member’s claim that the SBP counselor at
his retirement checked the wrong box on the election form. They note
however, that each member is responsible to make the SBP election that
provides coverage best suited to their individual circumstances.
DPPTR states the member signed the form indicating his understanding
and acceptance of the coverage indicated. He could have requested a
correction to add his children to the plan in a timely manner but did
not. Further, DPPTR states he waited more than four years to request
that his children be covered and provided no explanation for doing so.
On 15 January 2004, DPPTR requested he provide a copy of his final
divorce decree and a properly completed DD Form 2656-1, SBP Election
Statement for Former Spouse Coverage, to properly establish former
spouse coverage. To date, he has not responded.
DPPTR’s complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
27 February 2004 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 an error or an injustice to warrant changing the
applicant’s coverage to add his children to the Survivor Benefit
Program (SBP). After a thorough review of the evidence of record and
the applicant’s submission, we are not persuaded that he has been the
victim of either an error or an injustice. While we regret his
current predicament, we note that the applicant must ultimately be
responsible for selecting the coverage that best suits him at the
time. We therefore agree with the recommendations of the Air Force
and adopt the rationale expressed as the basis for our decision that
the applicant has failed to sustain his burden that he has suffered
either an error or an injustice. In view of the above and absence
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2003-04282 in Executive Session on 14 April 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Michael J. Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Dec 1960 (sic), w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 24 Feb 04.
Exhibit D. Letter, SAF/MIBR, dated 27 Feb 04.
ROSCOE HINTON, JR
Panel Chair
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