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 applicants complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The relevant facts, extracted from the applicants 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
wifes concurrence. It was the applicants responsibility to
elect the SBP coverage that best suited his family at that time.
His wifes 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 applicants 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
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