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AF | BCMR | CY2012 | BC-2011-05136
Original file (BC-2011-05136.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2011-05136 
HEARING DESIRED: NO 

IN THE MATTER OF: 
  COUNSEL: NONE 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her records be changed to show that she made an election for 
“spouse  only,”  coverage  based  on  full  retired  pay  under  the 
Survivor Benefit Plan (SBP). 
 
_______________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
Prior to her retirement on 1 Jun 2009, she and her spouse, who 
is  currently  on  active  duty,  attended  her  pre-retirement 
briefing.  The SBP counselor provided erroneous information by 
advising her she could buy into the SBP at the rate of $350 per 
month.  She was never offered any other rate(s) or additional 
information. 
 
After attending her spouse's pre-retirement briefing on 12 Dec 
2011,  she  learned  they  were  provided  erroneous  information.  
She and her spouse elected her coverage at the base amount of 
$747.00, at a cost of 2.5 percent of the base (to be deducted 
from  her  spouse's  retirement  pay),  which  would  provide  a 
monthly annuity of 55 percent of the base amount in the event 
of her spouse's death. 
 
She would have never elected to decline coverage for her spouse 
had  she  been  given  the  proper  information,  alternative  rates 
and options.  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. 
 
She understands that if approved, she would owe the government 
from the time of her retirement to present.  
 
In support of her request, the applicant provides a copy of her 
spouse’s DD Form 2656, Data for Payment of Retired Personnel. 
 
The  applicant's  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_______________________________________________________________ 
 
 

STATEMENT OF FACTS: 
 
A  member,  who  is  married  at  retirement  and  fails  to  provide 
coverage  for  an  eligible  spouse,  may  not  provide  coverage  in 
the  future,  unless  Congress  authorizes  an  open  enrollment 
period.    Public  Law  (PL)  99-145,  8  Nov  1985,  required  the 
spouse of a married member retiring on or after 1 Mar 1986, to 
concur in SBP elections that provide less than maximum spouse 
coverage.  If the spouse does not concur in the election, SBP 
coverage  will  be  established  on  the  spouse's  behalf  by 
operation of law. 
 
The  Air  Force  developed  the  SBP  RIP  (Report  on  Individual 
Person),  a  tool  for  counselors  to  use  to  conduct  one-on-one 
briefings prior to the member's retirement.  The member signs 
the RIP, certifying he or she was properly informed about the 
fundamentals of the Plan.  A copy of the SBP RIP is maintained 
in the member's permanent military records. 
 
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. 
 
_______________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ ARPC/DPSIAR recommends denial.  DPSIAR states, there is no 
indication the applicant was improperly counseled prior to her 
retirement  and  she  made  a  valid  election  with  her  spouse's 
concurrence.    A  copy  of  the  SBP  RIP  located  in  her  records 
shows  she  signed  the  certification  sheet  on  14  Apr  2009, 
indicating she was properly briefed on the options and effects 
of the Plan. 
 
Her  spouse  signed  section  XII  of  the  DD  Form  2656.    His 
signature  indicates  his  acknowledgement  of  the  applicant's 
decision  to  decline  SBP  coverage  and  that  he  received 
information explaining the options and effects of the SBP.  SBP 
is similar to commercial life insurance in that an individual 
must elect to participate during the opportunities provided by 
the  law  and  pay  the  associated  premiums  in  order  to  have 
coverage. 
 
The complete DPSIAR evaluation, with attachments, is at Exhibit 
B. 
 
_______________________________________________________________ 
 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant on 10 Feb 2012 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit C). 
 
_______________________________________________________________ 
 
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  in  judging  the 
merits  of  the  case;  however,  we  agree  with  the  opinion  and 
recommendation 
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 this application 
in  Executive  Session  on  15  Aug  2012,  under  the  provisions  of 
AFI 36-2603: 
 

office 

Force 

of 

of 

the 

Air 

  Panel Chair 
  Member 
  Member 

 

 

3

The following documentary evidence was considered in AFBCMR BC-
2011-05136: 
 
    XXXXXXX, dated 19 Dec 2011, w/atchs. 
    XXXXXXX, AFPC/DPSIAR, dated 1 Feb 2012. 
    XXXXXXX, SAF/MRBR, dated 10 Feb 2012. 
 
 
 
 
 
 

Panel Chair 

  
  

 
 

 
 

 
 

 
 

  
 

 

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