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AF | BCMR | CY2007 | BC 2007 03937
Original file (BC 2007 03937.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2007-03937
      INDEX CODE:  137.03
	XXXXXXXXXXXXXXXX				COUNSEL: NONE

								HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT: 

His records be corrected to show he elected child only coverage 
under the Survivor Benefit Plan (SBP).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was erroneously advised by the SBP counselor at Fort George 
Meade, Maryland that his daughter had to live with him in order 
to be included in the SBP.  

In support of his appeal, the applicant provided copies of a DD 
Form 2656, Data for Payment of Retired Personnel, a letter to 
his spouse concerning applicant’s SBP election, and SBP Cost and 
Annuity Estimate.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant was relieved from active duty on 31 January 2003 
with 23 years, 11 months, and 11 days of service and retired in 
the grade of master sergeant effective 1 February 2003.  

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit C.  

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial of the applicant’s request.  
DPSIAR states the applicant and XXXXX were married and had 
eligible step-children and a natural child, but he elected 
spouse only SBP coverage based on a reduced level of retired pay 
prior to his 1 February 2003 retirement.  Records at the Defense 
Finance and Accounting Service-Cleveland Center (DFAS-CL) 
reflected that Mary concurred in the election.  Based on the 
Defense Enrollment Eligibility Reporting System (DEERS), the 
parties divorced on 5 July 2006.  SBP coverage and premiums were 
suspended, and there is no evidence the decree required SBP 
coverage to be established on XXXXXXXX behalf.  DEERS reflects 
the applicant and XXXXXXXX married on 5 July 2007.  Absent a 
valid request submitted before the first anniversary of their 
marriage to establish SBP spouse coverage on her behalf, the law 
requires DFAS-CL to reinstate reduced spouse coverage on 5 July 
2008.  

DPSIAR states that Air Force procedures require SBP counselors 
to provide not only a one-on-one briefing to retiring members, 
but furnish an SBP Report on Individual Personnel (RIP) that 
clearly and specifically outlines the features of the Plan.  
Members are required to sign the RIP at the end of their 
briefing to indicate they received information and understand 
the provisions of the Plan.  Item “C2” describes an election for 
child only coverage.  The copy of the applicant’s RIP was 
obtained from his master personnel record and it bears his 14 
November 2002 signature below the certifying statement “I have 
been briefed on and understand the provisions of SBP as outlined 
in Items A through K on pages 3 and 4 of this RIP.”  
Notwithstanding the applicant’s claim that the SBP counselor 
provided erroneous information, there remains a strong 
presumption that administrators of the SBP discharge their 
duties correctly, lawfully, and in good faith.  

DPSIAR states there is no evidence of Air Force error or 
injustice and no basis in law to provide relief in this case.  

The DPSIAR evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 February 2008, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D).  As of this date, this office has received no 
response. 

________________________________________________________________
_

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 probable error or injustice.  After 
reviewing the evidence of record, we are not persuaded that the 
applicant has been the victim of an error or injustice.  We note 
the applicant’s contention that he was erroneously advised that 
his daughter had to live with him in order to be included in the 
SBP; however, he has provided insufficient evidence that the SBP 
counselor provided misleading or inaccurate information at the 
time of his retirement.  Therefore, in the absence of 
substantive evidence to the contrary, we agree with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopt their rationale as the basis for our 
conclusion that the applicant has not been the victim of an 
error or injustice.  Accordingly, 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 this application 
in Executive Session on 26 June 2008, under the provisions of 
AFI 36-2603:

			XXXXXXXXXXXX, Panel Chair 
			XXXXXXXXXXXX, Member
			XXXXXXXXXXXXX, Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2007-03937:

	Exhibit A.  DD Form 149, dated 1 Apr 06, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIAR, dated 30 Jan 08.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Feb 08.




							XXXXXXXXXXXXXXX
							Panel Chair




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