RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00211
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he changed the base amount
of his spouse coverage under the Survivor Benefit Plan (SBP) from
full to a reduced level of retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not briefed correctly on this matter by the Military
Personnel Flight (MPF) personnel.
In support of his appeal, the applicant submits a copy of a DD
Form 2656-6, Survivor Benefit Plan Election Change Certificate.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 29 Oct 10, the applicant was medically retired with a
permanent disability rating of 70 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
The SAF/MRB Legal Advisor reviewed this application and
recommends approval. The Legal Advisor states it appears the
applicant was not properly out processed at the time of his
disability retirement; thus was not given proper SBP counseling.
It further appears that because he did not submit a waiver of
spousal consent, he was automatically enrolled at the maximum SBP
coverage rate. The Legal Advisor believes the applicant has
established he was not properly counseled on the SBP options (as
was required), and given this deficiency, and the fact that his
spouse consents to the reduced amount, there is an adequate basis
upon which to correct the record.
The complete SAF/MRB Legal Advisors evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a notarized statement from his spouse
concurring in her husbands election to change the level of SBP
coverage from full retired pay to a reduced level of coverage in
the amount of ($1,100).
The applicants 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After
careful consideration of the evidence provided, and noting the
advisory opinion provided by the SAF/MRB Legal Advisor, we find
favorable relief is warranted. The Legal Advisor has recommended
approval provided the applicants spouse concurs with his
election. We note the applicants spouse has provided a
notarized letter concurring in his election, and based on this,
we recommend granting relief. Therefore, we recommend the
applicants records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 28 October
2010, he elected spouse only coverage under the Survivor Benefit
Plan (SBP), based on a reduced level of retired pay ($1,100), and
his wife concurred with his election.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00211 in Executive Session on 4 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to Docket Number
BC-2011-00211 was considered:
Exhibit A. DD Form 149, dated 10 Mar 11, w/atch.
Exhibit B. Letter, SAF/MRB Legal Advisor, dated 1 Jul 11.
Exhibit C. Letter, SAF/MRBC, dated 9 Aug 11.
Exhibit D. Letter, Applicants Spouse, dated 7 Sep 11.
Panel Chair
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