RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00308
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show a timely election for spouse
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he was placed on the Temporary Disability Retired List
(TDRL) in December 1995, he was informed that in 18 months his
case would be reevaluated to determine whether he would be placed
back on active duty or retired permanently. His files show no
record that he was given a choice of SBP.
In support of his request, the applicant provides a copy of his
DD Form 214 (Certificate of Release or Discharge from Active
Duty) and Special Order No. ACD-1212.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and his spouse were married on 18 February 1982.
The applicant elected not to participate in the SBP on 4 December
1995 and his spouse concurred in his election.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states the applicants
claim of non-counseling at retirement is without merit. A copy
of the SBP RIP located in the applicants records shows he signed
the certification sheet on 20 December 1995, indicating he was
properly briefed on the options and effects of the plan by the
Kadena AB Japan, SBP counselor. Although the SBP RIP was dated
after the election was made, there is no evidence the applicant
was not counseled on the SBP at the time he completed the form.
Furthermore, the applicant could have made changes to his SBP
election any time prior to his retirement date. The spouses
signature in section VIII of the DD Form 2656 verifies her
concurrence in the applicants decision to decline SBP coverage
and acknowledgment that she signed the form of her own free will.
The 99-00 and 05-06 open enrollments authorized by PL 105-261 and
108-375, requires members to pay a lump-sum buy-in within months
after making the election. The amount of the buy-in is based
upon the earliest date the member was eligible to elect coverage.
In this case, the applicants lump-sum buy-in for the 99-00 open
enrollment would have been approximately $3,700, the monthly cost
would have been about $37 and for the 05-06 open enrollment it
would have been $7,200 and $47, respectively. If the applicant
submitted an open enrollment election and survived for two years,
his wife would be entitled to an SBP annuity of approximately
$466 per month. It would be inequitable to those members who
chose to elect spouse coverage when eligible and subsequently
received reduced retired pay, to provide an additional
opportunity for this member to change his SBP election. There is
no evidence of error or injustice in this case.
The DPSIAR complete evaluation, with attachments, is at Exhibit
B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 March 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 timely filed.
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.
_________________________________________________________________
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-2010-00308 in Executive Session on 10 August 2010,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00308 was considered:
Exhibit A. DD Form 149, dated 22 January 2010, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 26 February 2010,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 12 March 2010.
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