RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-00146
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
XXXXXXX
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show that he made an election for
spouse and child coverage based on full retired pay effective
1 Dec 2011 under the Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
After assessing his financial situation, he and his wife did not
think they could afford to pay SBP premiums and canceled it
before his retirement date began. He now regrets cancelling the
SBP and needs to reenroll.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
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, dated 8 Nov 1985, required the spouse of
a 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, coverage will be
established on the spouse's behalf by operation of law. A
retiring member may change his SBP election up to the date of
separation.
According to the information provided by the Air Force office of
primary responsibility, the applicant and his wife are married
and have dependent children. On 8 Jun 2011, he and his wife
were briefed on the options and effects of the SBP. The member
elected spouse and child SBP coverage based on full retired pay
on 16 Jun 2011. However, on 30 Nov 2011, one day prior to his
1 Dec 2011 retirement, he changed his election to decline SBP
coverage and his wife concurred with his election.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states there is no
indication the member was improperly counseled prior to his
retirement. He had ample opportunity to investigate SBP
alternatives and options prior to retiring. He exercised his
right to change his SBP election before he retired and his wife
concurred in his decision to decline SBP coverage. It was the
applicant's responsibility to elect the SBP coverage that best
suited his family's future security. His spouse’s properly
notarized signature on section XII of the DD Form 2656, Data for
Payment of Retired Personnel, indicates her acknowledgement of
his decision to decline SBP coverage and the election would be
irrevocable. It would be inequitable to those members who chose
to participate when eligible, to provide an additional
opportunity for this member to change his SBP election.
The complete DPSIAR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 Mar 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (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. 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
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. 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:
2
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 25 Oct 2012, under the provisions of AFI
36-2603:
XXXXXXX, Panel Chair
XXXXXXX, Member
XXXXXXX, Member
The following documentary evidence was considered in AFBCMR BC-
2012-00146:
Exhibit A. DD Form 149, undated, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIAR, dated 14 Mar 2012.
Exhibit D Letter, SAF/MRBR, dated 29 Aug 2012.
XXXXXXX
Panel Chair
3
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