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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