RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01593
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to terminate spouse coverage under the Survivor
Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was unsure whether or not to sign up for SBP due to
personal circumstances and he had not discussed it with his wife
prior to being briefed.
2. He was briefed if he did not sign up for SBP now, he would
not be able to add his spouse later. He was also briefed he
could change it later, but was not informed that once he
separated from the Air Force he could not remove his wife from
SBP for two years.
3. He and his wife discussed the situation and decided it was
something they should not do. He contacted the Defense Finance
and Accounting Services (DFAS) and was told he could not stop
the payments because he was already in a retired status and
therefore, would not be able to remove his wife for one year.
In support of his request, the applicant provides a copy of a
signed letter from his wife.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married and elected spouse and child SBP
coverage based on full retired pay prior to his
1 Mar 11 retirement. Since he elected maximum spouse and child
coverage, his wifes concurrence was not required.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states each person
attends a one-on-one SBP briefing given by an SBP counselor
prior to their retirement and while SBP counselors present facts
and explain the provisions of the program during the pre-
retirement counseling, members are ultimately responsible for
making the election that best meets their particular situation.
The applicants wife did not attend the SBP briefing; however, a
notification letter was forwarded to her on 18 Aug 10, fully
describing the options and effects of the SBP. The applicant
had time to change his election, with his wifes concurrence,
prior to his retirement date. The SBP counselor provided the
applicant a copy of the SBP Report on Individual Personnel (RIP)
the applicant signed, acknowledging he understood his options
and the effects of his actions pertaining to his SBP election.
Notwithstanding his allegation that he was told that once he
separated from the Air Force he could not remove his wife from
the SBP for two years, Item N1(A) of the RIP clearly states
there is a one year window to request to terminate all
participation which opens on the second anniversary of his
retirement. Approval of this request would provide the
applicant an opportunity not afforded other retirees. The
applicant may exercise his option to disenroll with his wifes
written concurrence, during the one year period beginning 1 Mar
13 as authorized by PL-105-85.
The complete AFPC/DPSIAR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant disagrees with the recommendation in the Air Force
evaluation stating, in part, he has lived the Air Force core
values for almost 25 years, would not lie to get something in
his favor, and would not waste the Director of Personnels or
the Boards time to listen to his case. He was going through a
tumultuous time in his life with the unexpected transition to
civilian life one year earlier than expected, marital problems
and a sibling who was having health and financial issues.
He skimmed over the paperwork and initialed/signed the areas
corresponding to his elections. However, he does not recall
seeing the one year window statement after two years.
The applicants complete submission, with attachment, is at
Exhibit E.
_________________________________________________________________
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 an error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, to include his response to the Air Force
evaluation, we do not find his assertions that he was
miscounselled, in and by itself, sufficiently persuasive to
override the rationale provided by the Air Force office of
primary responsibility (OPR). Therefore, we agree with the
opinion and recommendation of the Air Force OPR and adopt its
rationale as the basis for our decision that the applicant has
failed to sustain his burden of having suffered either an error
or injustice. In the absence of persuasive 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-2011-01593 in Executive Session on 22 Sep 11, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01593 was considered:
Exhibit A. DD Form 149, dated 27 Apr 11.
Exhibit B. HQ AFPC/DPSIAR, Letter, dated 3 Jun 11.
Exhibit C. SAF/MRBR, Letter, dated 17 Jun 11.
Exhibit D. Applicants Rebuttal, Letter, dated 6 Jul 11,
w/atch.
Panel Chair
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