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AF | BCMR | CY2012 | BC-2012-00146
Original file (BC-2012-00146.pdf) Auto-classification: Denied
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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