RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-05043
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect that he elected spouse and
child coverage under the Survivor Benefit Plan (SBP) based on
full retired pay, rather than a reduced amount.
________________________________________________________________
APPLICANT CONTENDS THAT:
He made a decision based on information available to him at the
time which was incomplete. He was diagnosed with inoperable,
stage IV pancreatic cancer in Oct 11. According to the surgeon
that found the cancer, it has been present for over two years,
which pre-dates his retirement by at least seven months. Had he
known about his cancer at the time of his retirement, he would
have elected SBP coverage based on full retired pay. In light
of this evidence, he respectfully requests being allowed to
adjust his SBP to the full amount.
In support of his request, the applicant provides copies of
excerpts from his medical records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the appropriate office of the Air
Force, which is at Exhibit C. Therefore, there is no reason to
recite these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial, indicating there is no evidence
of an error or injustice. The applicant was married and had
dependent children prior to his 1 Jun 10 retirement. On 11 Jan
10, the applicant and his wife were briefed on the options and
effects of the SBP by an SBP counselor. He elected spouse and
child SBP coverage based on $2,800.00 and his wife concurred in
the election. Currently, the monthly costs are $188.75 and, in
the event of his death, would provide his spouse a monthly SBP
annuity of $1,595.00 (gross). Had the applicant elected the
maximum level of SBP coverage, the monthly premium would be
approximately $334 and the annuity amount would be $2,818.
While it is unfortunate the applicants pancreatic cancer had
not been diagnosed before he retired, it is each persons
responsibility to elect the type and level of SBP coverage he or
she determines best for his/her family. The SBP is similar to
commercial life insurance in that an individual must elect to
participate and pay the associated premiums in order to provide
future benefits for survivors. Approval of this request would
provide the applicant an opportunity not afforded other retirees
similarly situated. There is no evidence of Air Force error or
injustice.
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 Veterans Affairs (DVA) related to their rating
decision in his case.
A complete copy of the applicants response, with attachments,
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 error or injustice. We took notice
of the applicant's complete submission, including his response
to the Air Force evaluation, 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. However, while it is
regrettable that he elected less than full coverage under the
Survivor Benefit Plan (SBP) in the face of his terminal illness,
he has presented no evidence of an error on the part of the Air
Force, regardless of when the applicants condition may have
been present. Therefore, in the absence of evidence to the
contrary, we find no basis for us to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-05043 in Executive Session on 3 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 11, w/atchs.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSIAR, dated 20 Jan 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12.
Exhibit D. Letter, Applicant, dated 1 Mar 12, w/atch.
Panel Chair
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