RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03410
INDEX CODE:137.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 JUN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected child coverage under
the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his retirement he was erroneously briefed on his
options for SBP. He was led to believe the only SBP option he had was
for his wife.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
At the time of his retirement the applicant was married with children.
Prior to his 1 January 1996 retirement, he elected not to participate
in the SBP. His wife concurred with the election.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states a servicemember who has eligible children at the
time of retirement and declines to elect coverage for them under SBP,
may not provide coverage for any child in the future, unless an open
enrollment period has been authorized by Congress.
The SBP Report on Individual Person (RIP) is a tool used by SBP
counselors in mandatory one-on-one briefings conducted prior to the
servicemember’s retirement. The servicemember signs the RIP,
certifying they were properly informed about the fundamentals of the
SBP.
The applicant’s contention that he thought that he could not elect
child only coverage is without merit. The DD Form 2656, Data
Verification for Payment of Retired Personnel, item 28c, provides an
option for child only SBP coverage. The applicant and his spouse’s
signature on the DD Form 2656 indicated they acknowledged and
understood the options of the SBP and the effects of those options.
The applicant also signed a certification sheet indicating he was
properly briefed on the options and effects of the SBP. Furthermore,
each servicemember is responsible for making the SBP selection that
would provide the best level of protection for their individual
circumstances.
Public Law (PL) 108-375 authorized an open enrollment for SBP from 1
October 2005 through 30 September 2006 and the applicant has the
option to pay a lump-sum buy-in within 24 months after making the
election. The amount of the buy-in would be based on the earliest
date the servicemember was eligible to elect coverage.
In the event of the servicmember’s death, an annuity will be paid in
equal shares to all the remaining eligible children. Unmarried
children remain eligible until age 18 or 22 if in school full-time.
DPPTR believes the evidence does not support that an error or
injustice occurred and recommends the applicant’s request be denied.
A complete copy of the Air Force evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 23 December 2005, for review and response. 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 the recommendation of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Essentially, the applicant alleges that he was inappropriately
counseled regarding electing child only coverage. However, DD Form
2656, item 26c, provides the option for child only coverage. It is
noted the applicant and his spouse signed the DD Form 2656 indicating
they understood the options of the SBP and the effects of those
options. The applicant has not established to our satisfaction that
he was miscounseled regarding his SBP options. Furthermore, it is the
responsibility of each servicemember to elect the SBP coverage that
best suits his family situation. The applicant should be reminded
that an open enrollment has been established for the period 1 October
2005 through 30 September 2006 and he has the option to make an
election for SBP coverage for his child, should he choose to do so.
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 AFBCMR Docket Number BC-
2005-03410 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 9 Sep 05, w/atchs.
Exhibit B. Master Personnel Records
Exhibit C. Letter, HQ AFPC/DPPRT, dated 16 Dec 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Dec 05.
KATHY L. BOOCKHOLDT
Panel Chair
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