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AF | BCMR | CY2006 | BC-2005-02917
Original file (BC-2005-02917.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02917
                                             INDEX CODE:  137.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  25 MARCH 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be  taken  that  would  allow  him  to  establish
Survivor Benefit Plan (SBP) coverage for his wife  “retroact  prior
to 1 Sep 05” (sic).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He and his wife were given the chance to enroll on 14 June 05,  but
decided at that time  not  to  enroll.   They  were  not  given  an
adequate counseling session and the SBP counselor did  not  discuss
the option of enrolling his children in the program.  They were not
told they had until his date of official retirement to change their
decision.

Applicant’s submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 14 June 05, applicant executed DD Form 2656, Data for Payment of
Retired Personnel, and elected not to participate in the  SBP.   On
that same date his spouse concurred with his election.

The member retired effective 1 Sep 05.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRT recommends denial  stating,  in  part,  the  member’s
claim of inadequate counseling at retirement is without  merit.   A
copy of the SBP RIP located in the member’s records shows he signed
the certification sheet on 14 Jun 05, indicating  he  was  properly
briefed on the options and effects of the Plan.  The SBP  counselor
also provided a cost and annuity estimate  used  in  the  briefing,
showing the SBP monthly cost for spouse and child coverage, as well
as the cost for an election  protecting  only  the  children.   His
wife’s signature on section XI of the DD  Form  2656  verifies  her
concurrence in the applicant’s decision to decline SBP coverage and
acknowledging that the election would be irrevocable.

The Air Force developed the SBP RIP (report-individual  person),  a
tool for counselors to use for one-on-one briefings conducted prior
to a member’s retirement.  The member signs the RIP, certifying  he
or she was properly informed about the fundamentals of the Plan.  A
copy of the  SBP  ROP  is  maintained  in  the  member’s  permanent
military records.

PL 108-375, 28 Oct 04, authorized an  SBP  open  enrollment  period
beginning 1 Oct 05 and ending 30  Sep  06,  so  that  members,  who
declined or had less than maximum level SBP coverage, may elect  or
increase their coverage up to a maximum base amount of their  gross
retired pay.

The 05-06 open enrollment authorized by PL 108-375 requires members
to pay  a  lump-sum  buy-in  within  24  months  after  making  the
election.  The amount of the buy-in is based upon the earliest date
the member was eligible to  elect  coverage.   In  this  case,  the
applicant’s lump-sum buy-in would be approximately $3,700  and  the
monthly cost would be about $98.  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.

The complete evaluation is at Exhibit B.
___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 Nov 05, 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 (Exhibit C).

___________________________________________________________________

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 office of primary responsibility and adopt its  rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice.  It is noted that Public Law  108-
375, 28 Oct 04, authorized an SBP open enrollment period  beginning
1 Oct 05 and ending 30 Sep 06, the member may  elect  SBP  coverage
during this open enrollment period.  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 Docket Number BC-2005-
02917  in  Executive  Session  on  10  February  2006,  under   the
provisions of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Sep 05.
    Exhibit B.  Letter, AFPC/DPPRT, dated 4 Nov 05.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Nov 05.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair

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