RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2011-02926
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to terminate spouse and child coverage under the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While out-processing and meeting with an SBP representative, he
was given a retired pay estimate by finance that assisted in his
decision to accept SBP. The retired pay estimate was a huge
misjudgment.
In support of the applicants appeal, he provides a copy of a SBP
Cost and Annuity Estimate and DD Form 2656, Data for Payment of
Retired Personnel.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Defense Enrollment Eligibility Reporting System (DEERS)
reflect the applicant married on 24 June 1994 and he made a valid
SBP election for spouse and child coverage based on full retired
pay, prior to being placed on the Permanent Disability Retirement
List (PDRL) effective 18 April 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSIAR recommends approval. DPSIAR states that since the
applicant elected maximum spouse and child coverage, his wifes
concurrence was not required in June 2011, the applicants
disability compensation from the Department of Veterans Affairs
(DVA) exceeded his retired pay and a direct remittance account to
recover SBP monthly costs was established.
The applicant was provided a retirement pay estimate of
$1,894 with a monthly cost estimate of $126 for full spouse and
child coverage. The estimates were considerably higher than the
final retired pay of approximately $700 (SBP cost of
approximately $26 per month). However, the applicant could have
disenrolled with his wifes written concurrence during the one-
year period beginning 18 April 2008 as authorized by PL 105-85.
Furthermore, the applicant signed an SBP Report of Individual
Person (RIP), acknowledging he understood the options and effects
of his actions pertaining to the plan at the time he was briefed
on the SBP. Approval of this request would provide the applicant
an opportunity not afforded other retirees. The applicant
provides no explanation as to why it took over five years to
submit his request for correction. It appears an inaccurate
estimate of retired pay was provided; therefore, the members
record should be corrected.
The DPSIAR complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a sworn statement from his spouse stating
she would like to permanently terminate the SBP entitlement for
her husband.
The applicants additional documentation 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. After thoroughly
reviewing the circumstances of this case, we believe favorable
consideration of the applicant's request is warranted. We note
the Air Force office of primary responsibility has indicated the
applicant was provided an inaccurate estimate of his retired pay
and as a result, was unaware the disability compensation from the
DVA would exceed his retired pay. Based on this misinformation,
the applicant elected to participate in the SBP. We also note
the applicant's spouse has provided a notarized statement
agreeing to permanently terminate her SBP entitlement.
Therefore, in view of the above, we recommend the 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 17 April 2006,
he elected to decline coverage under the Survivor Benefit Plan.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02926 in Executive Session on 13 March 2013, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 August 2011, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 19 September 2011.
Exhibit C. Letter, SAF/MRBR, dated 21 October and
1 December 2011.
Exhibit D. Letter, Applicants Spouse, not dated.
AF | BCMR | CY2013 | BC 2013 01431
The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial, indicating there is no evidence of an error or injustice. The deceased former member retired on 31 May 96 and declined SBP coverage. The applicant became entitled to DIC...
AF | BCMR | CY2011 | BC-2011-05043
Had he known about his cancer at the time of his retirement, he would have elected SBP coverage based on full retired pay. A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that his cancer was present prior to his retirement and provides copies of additional medical documentation as well as an extract from correspondence from the Department of...
AF | BCMR | CY2011 | BC-2011-01342
The applicant had three opportunities to elect SBP coverage for his wife, but failed to do so. The complete DPSIAR evaluation is at Exhibit B. 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.
AF | BCMR | CY2010 | BC-2010-02898
At the time the applicants last child lost eligibility, SBP premiums were $17; if he had spouse coverage, the monthly costs would have been approximately $180. 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 that the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2007 | BC 2007 03937
DPSIAR states the applicant and XXXXX were married and had eligible step-children and a natural child, but he elected spouse only SBP coverage based on a reduced level of retired pay prior to his 1 February 2003 retirement. DPSIAR states that Air Force procedures require SBP counselors to provide not only a one-on-one briefing to retiring members, but furnish an SBP Report on Individual Personnel (RIP) that clearly and specifically outlines the features of the Plan. DPSIAR states there is...
AF | BCMR | CY2012 | BC-2011-05136
Therefore, she is requesting that she be allowed to establish SBP coverage for her spouse at the same rate, base amount and coverage he elected for her. According to the information provided by the Air Force office of primary responsibility, the applicant and her spouse were married, but she declined SBP coverage prior to her 1 Jun 2009 retirement and her spouse concurred with her election. _______________________________________________________________ The following members of the Board...
AF | BCMR | CY2012 | BC-2012-01351
DPSIDAR states that there is no evidence of Air Force error in this case; however, in the absence of a competing claimant and to prevent a possible injustice, they recommend the decedent’s record be corrected to reflect he elected former spouse coverage based on full retired pay, naming APPLICANT as the former spouse beneficiary, effective 11 January 2005. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...
AF | BCMR | CY2010 | BC-2010-03454
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03454 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husbands records be corrected to show he made a timely election for former spouse and child coverage under the Survivor Benefit Plan (SBP). AIR FORCE EVALUATION: AFPC/DPSIAR states there is no evidence of an Air Force error; however, in the...
AF | BCMR | CY2012 | BC-2012-00140
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00140 COUNSEL: HEARING DESIRED: YES IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected his former spouse as beneficiary of his Survivor Benefit Program (SBP) based upon full retirement pay. The court ordered the applicant to provide SBP coverage on the former spouse’s behalf, but did not...
AF | BCMR | CY2012 | BC-2012-03360
Subsequently, the applicant and his wife were provided information and briefed on the options and effects of the SBP by their office. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 August 2012, for review and comment within 30 days (Exhibit C). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent...