RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00929
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) coverage be changed from no coverage to full coverage for his spouse and children at the reduced base amount of $1,535.00.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he made a big mistake by not electing full coverage for his family at the time of his retirement.
In support of his request, he provides a personal statement and two copies of DD Form 2656 (Data for Payment of Retired Personnel).
His complete submission, with attachments, is at Exhibit C.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 January 2008, the applicant elected spouse and child SBP coverage based on a reduced level of retired pay. However, on 25 February 2008, the applicant declined spouse SBP coverage based on full retired pay.
The applicant retired from the Regular Air Force on 1 March 2008 after serving over 20 years in the grade of major (0-4).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states that a member, who is married at the time of retirement and fails to provide SBP coverage for an eligible spouse, may not provide coverage in the future, unless Congress authorizes an open enrollment period. There is no suggestion that the member was inappropriately counseled prior to his retirement when he chose no SBP coverage for his wife; his wife concurred on his election. At the time of electing SBP, it is the members responsibility to know what option is most suitable for his family.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and elaborated on his initial contentions. He states that he and his spouse decided to decline SBP coverage at the time of his retirement since they were waiting to find out the percentage he would receive for his disability rating from the Department of Veterans Affairs (DVA). Once he found out the rating he decided that SBP coverage would be the best decision for his family.
A complete copy of the applicants review 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 applicants submission, we are not persuaded the members records should be corrected to allow him to elect spouse coverage under the SBP due to the fact that he did not have the actual amount of disability factored into his monthly pension. Applicants contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. We therefore agree with the recommendation of the Air Force 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 an injustice. In view of the above and absent 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 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-2009-00929 in Executive Session on 3 June 2009, under the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered::
Exhibit A. DD Form 149, dated 27 February 2009, w/atch.
Exhibit B. Letter, AFPC/DPSIAR, dated 8 April 2009.
Exhibit C. Letter, SAF/MRBR, dated 24 April 2009.
Exhibit D. Letter, Applicant, not dated.
Chair
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