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AF | BCMR | CY2007 | BC 2007 04015
Original file (BC 2007 04015.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04015
		INDEX CODE:  137.03
		COUNSEL:  NONE 

		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be disenrolled from the Survivor Benefit Plan (SBP).
________________________________________________________________
_

APPLICANT CONTENDS THAT:

He and his spouse were miscounseled by their SBP counselor in 
regards to the pretax and pre-former spouse deduction 
calculations. He would like to cancel his participation in the 
SPB program.

In support of his application, applicant provides a copy of his 
wife's DD Form 149, Application for Correction of Military 
Record under the Provisions of Title 10, USC Code, Section 1552, 
DD Form 2656, Data for Payment of Retired Personnel, and his SPB 
counseling sheet.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant was married on 10 October 2002 and made a valid 
SBP election for spouse only coverage based on full-retired pay, 
prior to his 1 August 2007 retirement.  Since he elected maximum 
spouse coverage, his spouse’s concurrence was not required.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial and states there is no evidence of 
an error or injustice. The member's claim he was miscounseled on 
the SBP deduction is without merit. Each person attends a one-
on-one SBP briefing given by an SBP counselor prior to their 
retirement and while SBP counselors present facts and explain 
the provisions of the program during the pre-retirement 
counseling, members are ultimately responsible for making the 
election that best meets their particular situation. The SBP 
counselor provided a copy of the SBP Report on Individual 
Personnel (RIP) the applicant had signed, acknowledging he 
understood his options and the effects of his actions pertaining 
to his SBP election. Division of retired pay varies from state 
to state and each decree and property settlement is subject to 
interpretation by local courts. Therefore, the SBP RIP does not 
address division of retired pay. Nonetheless, SBP counselors are 
trained to advise members that SBP premiums for former spouse 
coverage usually reduce the amount subject to division of 
retired pay, but spouse SBP premiums usually do not. Finally, 
there is a strong presumption that administrators of the 
military, like other public officers, discharge their duties 
correctly, lawfully and in good faith. Approval of this request 
would provide the applicant an opportunity not afforded to other 
retirees; however, he may disenroll with his wife's written 
concurrence, during the one-year period beginning 1 August 2009 
as authorized by PL 105-85.

AFPC/DPSIAR's complete evaluation is at Exhibit B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states he was 
incorrectly briefed by the counselor on SBP. He is only asking 
that the counselor be held accountable for mistakes in 
information presented to him and his wife. The information 
provided by the counselor was the main reason he signed up for 
the program. 

Applicant's complete response, with attachment, is at Exhibit D.

________________________________________________________________
_

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.  After a 
thorough review of the evidence of record and applicant's 
submission, we do not find his uncorroborated assertion that he 
was miscounselled, in and by itself, sufficiently persuasive to 
override the rationale provided by the Air Force office of 
primary responsibility.  Therefore, we agree with the opinion 
and recommendation of the Air Force OPR and adopt the rationale 
expressed as the basis for our decision that the applicant has 
failed to sustain his burden of having suffered either an error 
or injustice. We note that the OPR has provided the applicant 
with an avenue in which he may disenroll from SBP with his 
wife's written concurrence during the one-year period as 
authorized by PL 105-85. In the interim however, and in the 
absence of persuasive 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 an material error or an 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-
2007-04015 in Executive Session on 26 June 2008, under the 
provisions of AFI 36-2603:

	XXXXXXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXXXXXXXXX, Member

The following documentary evidence was considered in 
connection with AFBCMR Docket Number BC-2007-04015:

	Exhibit A.	DD Form 149, dated 10 December 2007, w/atchs.
	Exhibit B.	Letter, AFPC/DPSIAR, dated 20 Feb 08, w/atch.
	Exhibit C.	Letter, SAF/MRBR, dated 7 Mar 08.
	Exhibit D. Applicant's response, dated 22 Mar 08, w/atchs.




	XXXXXXXXXXXXXXX
	Panel Chair





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