RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01390
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 October 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to permit him to provide Survivor Benefit
Plan (SBP) coverage for his spouse and child.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his retirement he was told he should choose child only
coverage to save money and wait until she was older and then switch to
spouse coverage.
In support of the appeal, applicant submits a copy of his DD Form
2656, SBP Election.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married, but elected child only SBP coverage based
on full retired pay prior to his 1 October 1994 retirement. His wife
concurred in his election. The monthly cost for child coverage is
less than $11. Coverage for both the applicant’s wife and child would
have been approximately $91 per month.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT states they cannot challenge the applicant’s
misunderstanding of the beneficiary exclusion feature of the SBP;
however, he could have inquired and/or verified his wife’s future
eligibility during the 99-00 open enrollment opportunity. There is no
record he submitted an election to provide coverage for her at that
time. SBP is similar to commercial life insurance in that an
individual must elect to participate and pay the associated premiums
in order to provide coverage. It would be inequitable to those
members, who chose to elect spouse coverage when eligible and
subsequently received reduced retired pay, to provide an additional
opportunity for this member to change his SBP election. Therefore,
they recommend denial of applicant’s request.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 June 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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 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. We note
the applicant may obtain the relief he is seeking by applying for
spouse coverage during the SBP open enrollment period opening on 1
October 2005. In view of the above, we find no 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 October 2005, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. Alan A. Bloomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRT, dated 6 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 05.
MICHAEL K. GALLOGLY
Panel Chair
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