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AF | BCMR | CY2011 | BC-2011-01342
Original file (BC-2011-01342.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2011-01342
      COUNSEL: NONE
								HEARING DESIRED:  NO
________________________________________________________________
_

APPLICANT REQUESTS THAT: 

His record be corrected to allow him to establish Survivor 
Benefit Plan (SBP) coverage for his wife.  

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was given incorrect information during his outprocessing 
which indicated if he elected SBP coverage for his children, 
then he could later change his election to have his wife 
covered.  

The applicant does not provide any evidence in support of his 
appeal.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The relevant facts, extracted from the applicant’s military 
personnel records, are contained in the evaluation from the Air 
Force office of primary responsibility at Exhibit B.  

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial.  DPSIAR states that there is no 
evidence of error or injustice in this case.  The applicant 
elected child only SBP coverage based on full retired pay prior 
to his 1 September 1997 retirement.  His spouse concurred with 
his election.  Had he elected spouse and child coverage, monthly 
SBP premiums would have been approximately $110 vice child only 
costs of less than $10.  There is no evidence the applicant 
submitted a valid election to add his wife during the open 
enrollment periods of 1 March 1999 – 29 February 2000 or 
1 October 2005 – 30 September 2006.  

DPSIAR states there is no indication the applicant was 
improperly counseled by the SBP officer prior to his retirement.  
He made a valid SBP election for child only coverage with his 
wife’s concurrence.  It was the applicant’s responsibility to 
elect the SBP coverage that best suited his family at that time.  
His wife’s signature on Section XI of the DD Form 2656, Data for 
Payment of Retired Personnel, indicates her acknowledgement of 
the decision to elect child only coverage and that the election 
would be irrevocable.  The applicant had three opportunities to 
elect SBP coverage for his wife, but failed to do so.  Approval 
of the applicant’s request would provide him an additional 
opportunity to elect SBP coverage not afforded other retirees 
similarly situated and is not justified.  

The complete DPSIAR evaluation is at Exhibit B.  

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 June 2011, 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 an error or an 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.  
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 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-2011-01342 in Executive Session on 8 December 2011, 
under the provisions of AFI 36-2603:

      		, Chair
      		, Member
			, Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-01342:

    Exhibit A.  DD Form 149, dated 8 Apr 11.
    Exhibit B.  Letter, AFPC/DPSIAR, dated 18 May 11.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Jun 11.





Chair
2


3

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