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AF | BCMR | CY2005 | BC-2005-00284
Original file (BC-2005-00284.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00284
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he changed the  base  amount  of
his spouse and child coverage under the Survivor  Benefit  Plan  (SBP)
from full to a reduced level of retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He made his election for SBP coverage for his spouse and children.  He
initialed in the wrong block.

In support of the appeal, applicant submits copies of the old DD  Form
2656, Data for Payment of Retired Personnel, and the new one.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was married and  on  22  September  2004,  made  an  SBP
election at Randolph AFB for spouse and child coverage based on  full-
retired pay, prior to his 1 January 2005 retirement.  Since he elected
maximum spouse coverage, his wife’s concurrence was not required.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRT states they can neither confirm nor  deny  the  applicant’s
claim that he thought he was choosing reduced coverage.  Item  27a  of
the DD Form 2656, the block  applicant  initialed,  clearly  reads  “I
elect coverage based on  full  gross  pay  without  supplemental  SBP.
Additionally, since the applicant’s wife did not sign  Section  XI  of
the DD Form 2656,  concurring  to  a  lesser  annuity  amount,  it  is
reasonable to conclude that reduced coverage was not the  intended  or
desired selection.  The applicant signed the SBP Report of  Individual
Person (RIP), acknowledging he understood the options and  effects  of
his actions pertaining to  his  SBP  election  and  although  the  SBP
counselor’s role is to brief and assist the applicant in making an SBP
election, it is ultimately the applicant’s responsibility to elect the
coverage that best suits their family.  Approval of this request would
provide the applicant an opportunity not afforded other retirees.  The
applicant may disenroll with his wife’s  written  concurrence,  during
the one-year period beginning 1 January 2007 as authorized by PL  105-
85.  There is no evidence of an error  or  injustice;  therefore  they
recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he would like to comment  on  some  points  that  are
inaccurately stated.  First, he would like  to  refute  the  following
invalid assumption:  Since his wife’s concurrence  was  not  required,
she was not present at the 22 Sep 04 SPB agreement signing.  In  fact,
his  wife  is  very  busy  with  her  own  business  and   significant
coordination effort was required to have her attend this meeting.  The
Randolph AFB SBP POC can attest to the fact that his wife  was  indeed
present at this meeting and did, in  fact,  sign  the  SBP  paperwork.
Second, on his honor as a military officer, he declares  that  he  did
indeed believe that the coverage he was signing for on 22 Sep 04  with
his wife present was the  desired  level  of  reduced  coverage.   The
difference on the DD Form 2656 is simply initialing one  block  versus
another.  If he is willing to submit  this  request  with  his  wife’s
concurrence, then it  is  not  reasonable  to  conclude  that  reduced
coverage was not his intended selection.  He certainly hopes that  Air
Force error doesn’t have to be a finding in order to approve  changing
his SBP coverage.  In fact, this is  a  simple  miscommunication  that
both his wife and he want to correct.  He asks that  they  be  granted
the relief they desire, spouse and child SBP coverage  of  $1320.   He
also asks that his wife’s signature on this document  be  her  written
concurrence with the requested action.

Applicant's complete response, with attachment, is attached 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  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.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

________________________________________________________________

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 7 July 2005, under the provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Ms. Kathy L. Boockholdt, Member
                       Ms. Marcia Jean Bachman, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 Jan 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRT, dated 2 Feb 05.
      Exhibit D. Letter, SAF/MRBR, dated 11 Feb 05.
      Exhibit E. Applicant’s Response, dated 18 Feb 05, w/atch.




                             MICHAEL J. NOVEL
                             Panel Chair



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