RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05727
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected the child-only Survivor Benefit Plan (SBP) option for his disabled son.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of retirement, he did not understand his child, who is permanently disabled, was eligible for SBP coverage for the remainder of his life.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial indicating there is no evidence of an error or injustice. Retiring members are provided in-depth information about the options and effects of the SBP prior to retiring. In this case, the SBP counselor at the applicants final duty station thoroughly briefed the applicant and his wife of the features of the plan. Following the briefing, the member signed the SBP Report-Individual Person (SBP-RIP) and a copy of the RIP was provided to the applicant. Item F.1. of the SBP-RIP clearly and specifically states that a child incapable of self-support remains eligible for life or as long as the disability causes them to be incapable of self-support provided they do not marry. If a beneficiary category is excluded at retirement, there is no arbitrary opportunity to later provide SBP coverage. The statement above the applicants 8 May 07 signature certifies he was briefed on and understands all of the provisions of the SBP as outlined in the SBP-RIP. The applicant also indicated on the DD Form 2656, Data for Payment of Retired Personnel, that his son was not disabled. However, the doctors statement he provided states the sons disability has been present since birth. It would be inequitable to those members who chose to elect child coverage when eligible and subsequently received reduced retired pay, to provide an additional opportunity for this member to change his SBP election. There is no evidence of Air Force error or injustice in this case, nor any basis in law to grant relief.
The complete AFPC/DPFFF evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
To clarify, he did not comprehend he could elect SBP coverage for his disabled child for life without also electing spouse coverage. While his signature on the SBP-RIP certifies he was briefed on and understood all of the provisions of the SBP outlined in the SBP-RIP, it does not specifically state the child only option can be elected without also electing spousal SBP nor did the SBP counselor inform him of this distinction at the time of his retirement. In addition, premiums for SBP coverage for his son were not calculated by the counselor nor are they estimated on the SBP-RIP as in the case for spousal coverage. Instead, the SBP-RIP simply states that premiums for child coverage are based on his age and the age on his youngest child. Had he understood the provisions of child SBP coverage and actual costs, there is no question he would have selected this option for his son. AFPC/DPFFFs opinion states his DD Form 2656 indicated his son was not disabled. This is an error. In fact, his sons disability began before birth. The SBP counselor incorrectly completed this form prior to his counseling meeting on 8 May 07; therefore, this is an error by the Air Force. Had this error not occurred, the SBP counselor may have been more thorough and briefed them specifically regarding the lifelong coverage provision and his actual premium costs based upon his sons situation (Exhibit E).
________________________________________________________________
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 injustice. We took notice of the applicants complete submission, to include his rebuttal response to the advisory opinion, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
________________________________________________________________
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-2012-05727 in Executive Session on 29 Aug 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Dec 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 20 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 3 Apr 13.
Exhibit E. Letter, Applicant, dated 10 Apr 13.
Panel Chair
AF | BCMR | CY2013 | BC 2012 05727
________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or injustice. While his signature on the SBP-RIP certifies he was briefed...
AF | BCMR | CY2014 | BC 2014 03908
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. Since the applicant was married at the time of his retirement, and he elected spouse coverage, SBP monthly premiums should have been deducted beginning the first month following his retirement....
AF | BCMR | CY2013 | BC 2013 04082
He was not advised prior to or during his out processing that he could elect spouse SBP coverage for his wife. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. We took notice of the applicants complete submission in judging the merits of the...
AF | BCMR | CY2012 | BC-2012-04527
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04527 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be allowed to terminate spouse coverage under the Survivor Benefit Plan (SBP). 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...
AF | BCMR | CY2013 | BC-2013-00361
With regard to the applicants attempt to change his SBP election to a reduced level of coverage after his retirement date; item R(1) of the SBP Report of Individual Person (RIP) clearly states the DD Form 2656, Data for Payment of Retired Personnel, must be completed and provided to the SBP Counselor prior to his retirement date. The applicant's signature in Section XI, Item 30a, of the DD Form 2656 also indicates acknowledgment he received counseling that he could terminate SBP...
AF | BCMR | CY2013 | BC 2013 04695
Another dependent child was born on 4 December 1981 after the decedents retirement. DPFFF states there is no evidence of Air Force error; however, to preclude an injustice, they recommend the record be corrected. The members record should be corrected to reflect he elected spouse and child coverage based on full retired pay effective 1 August 1980, and his son is permanently incapable of self- support.
AF | BCMR | CY2009 | BC-2009-00900
As he did not elect coverage for his wife prior to his retirement, he may not establish SBP coverage for his spouse except during congressionally approved open enrollment periods. DPSIAR notes there is no error or injustice in this case and that the applicant had three opportunities to elect SBP coverage for his wife. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends the reason he did not take advantage of...
AF | BCMR | CY2007 | BC 2007 04015
________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial and states there is no evidence of an error or injustice. 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...
AF | BCMR | CY2013 | BC-2013-00641
With the help of his attorney, he prepared all the necessary documentation to properly claim the SBP entitlement and submitted this information to DFAS. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Her father enrolled in the SBP and subsequently elected maximum spouse and child coverage during an SBP open enrollment, and had a Helpless Child. Her mother predeceased her father by approximately...
AF | BCMR | CY2013 | BC 2012 05512
The Defense Enrollment Eligibility Reporting System (DEERS) records reflect the applicant remarried on 29 Aug 1998; however, he failed to submit a valid SBP election within the first year of their marriage. The instruction indicates no penalty for failing to enroll all subsequent spouses after retirement. _______________________________________________________________ The following members of the Board considered this application in Executive Session on 29 Aug 2013, under the provisions of...