RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00210
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive an SBP briefing during his retirement
processing or during his first marriage.
In support of his request, the applicant provides a personal
statement, DD Form 2656-6 (Survivor Benefit Plan Election Change
Certificate), a copy of his marriage certificate, divorce decree,
and other documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Defense Enrollment Eligibility Reporting System (DEERS)
records show the applicant and his former spouse married on
26 November 1992 and divorced on 22 December 1993.
The applicant and his current spouse married on 8 May 2008.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states the applicants
claim of improper counseling at retirement is without merit. A
copy of the SBP Report on Individual Personnel (RIP) located in
the members records shows he signed the certification sheet on
27 September 1990, indicating he was properly briefed on the
options and effects of the plan. Unfortunately, the applicant
by-passed the opportunity to add his former spouse to the SBP
when first eligible; therefore, coverage for his current spouse
can only be provided in the event Congress authorizes an open
enrollment. Had he submitted a valid SBP election on the former
spouses behalf, spouse coverage would have been suspended when
the marriage ended and reinstated on the first anniversary of his
marriage to his current spouse. SBP is similar to commercial
life insurance in that an individual must elect to participate
and pay the associated premiums in order to have coverage.
Approval of this request would provide the applicant an
additional opportunity to elect SBP coverage not afforded other
retirees similarly situated and is not justified.
The DPSIAR complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 April 2010, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
C). 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 error or injustice. We took notice
of the applicants 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. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-00210 in Executive Session on 8 July 2010, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00210 was considered:
Exhibit A. DD Form 149, dated 11 January 2010, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 17 March 2010, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 9 April 2010.
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