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.
_______________________________________________________________
2
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
4
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