RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00900
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he established Survivor Benefit Plan
(SBP) coverage for his wife.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was under the impression his wife would automatically be covered by the
SBP.
In support of his appeal, the applicant provides a personal statement,
copies of his DD Form 214, Certificate of Release or Discharge from Active
Duty, his marriage certificate, a DD Form 2656, Data for Payment of
Retired Personnel, and a letter from the Defense Finance and Accounting
Service (DFAS).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant elected child only SBP prior to his 1 Oct 97 retirement and
his wife concurred in the election. As he did not elect coverage for his
wife prior to his retirement, he may not establish SBP coverage for his
spouse except during congressionally approved open enrollment periods.
There have been two such open enrollment periods since his retirement (1
Mar 99 – 29 Feb 00 and 5 Oct – 30 Sep 06, respectively) that he failed to
take advantage of.
The Air Force developed the SBP RIP (Report on Individual Personnel) as a
tool for SBP counselors to use to conduct one-on-one briefings prior to a
member’s retirement. At the conclusion of the SBP briefing, the member
signs the RIP certifying he or she was properly informed of SBP
fundamentals. A copy of the SBP RIP is maintained in the member’s
permanent military record. A copy of the SBP RIP located in the
applicant’s record shows he signed the RIP on 27 Jun 97 thereby indicating
he was properly briefed on the options and effects of the plan. His
wife’s signature appears on the DD Form 2656 indicating her
acknowledgement of the applicant’s decision to elect child only coverage
and that the decision was irrevocable.
SBP is similar to commercial life insurance in that an individual must
elect to participate during the opportunities provided by law and pay the
associated premiums in order to have the coverage.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR notes there is no error or
injustice in this case and that the applicant had three opportunities to
elect SBP coverage for his wife. Approval of this request would provide
the applicant an additional opportunity to elect SBP coverage not afforded
other retirees similarly situated and is therefore unjustifiable.
DPSIAR’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends the reason he did not take advantage of the two
noted open enrollment periods was because he thought his wife was
automatically covered and he did not need to take any action. Further, he
has not received a copy of the AFTERBURNER newsletter for USAF retired
personnel for four or five years and, as he does not live in a military
retired community, he has no other way to obtain information regarding the
affairs of retired military personnel.
He has been trying to correct this problem since 2006 and, should the
Board not grant his request, he would like to know when the next “Open
Season” will be so he can establish SBP coverage for his wife. He gladly
accepts the requirement that he pay the recoupment of any unpaid premiums.
Applicant’s complete response 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. 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 the
applicant has not been the victim of an error or injustice. Regarding his
request to know when the next SBP open season will be, we note that SBP
open seasons are decided by Congress. While we do not know when there
will be another open season, the applicant is encouraged to visit the
following web site for information on SBP and the Afterburner newsletter:
http://www.retirees.af.mil. 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-2009-
00900 in Executive Session on 20 October 2009, under the provisions of AFI
36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Mar 09, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 9 Apr 09.
Exhibit C. Letter, SAF/MRBR, dated 24 Apr 09.
Exhibit D. Letter, Applicant, dated 11 May 09.
Panel Chair
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