RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02406
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he established Survivor Benefit
Plan (SBP) coverage for his eligible spouse in July 2008.
________________________________________________________________
APPLICANT CONTENDS THAT:
During his 2008 SBP/Veterans Group Life Insurance (VGLI)
briefing, he and his spouse were given the impression that the
two programs were one and the same. When they declined VGLI
they had no idea that they were declining a separate program
from SBP. They believed the programs were a part of one
package. It was not until he attended a 2012 SBP/VGLI briefing
for his spouses pending retirement that he clearly understood
that they were two separate programs and realized he had made a
mistake in 2008. He and his spouse definitely elected the 2012
SBP coverage because of the long term unquestionable benefits
for family members left behind.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the Automated Records
Management System (ARMS), the applicant is a former member of
the Regular Air Force who served from 17 June 1982 to
30 June 2008.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states 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 pre-retirement
counseling, members are ultimately responsible for making the
election that best meets their particular situation.
a. There is no indication the applicant was improperly
counseled prior to his retirement. On 29 January 2008, the
applicant elected spouse and child SBP coverage based on full
retired pay. However, on 6 March 2008, prior to his 1 July 2008
retirement, the SBP counselor at Langley AFB VA assisted the
applicant in changing his election to decline SBP coverage and
his spouse concurred with his election.
b. A copy of the SBP Report of Individual Person (RIP) located
in the applicant's records shows he signed the certification
sheet on 29 January 2008, indicating he was properly briefed on
the options and effects of the Plan. On 6 March 2008, the
applicant exercised his right to change his SBP election prior
to his retirement. Furthermore, his spouse's signature in
section XII of the DO Form 2656, indicates her acknowledgement
of the decision to decline SBP coverage and that she received
information that explains the options available and effects of
those options.
c. 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. It would be inequitable to those members who
chose to elect spouse coverage when eligible and subsequently
received reduced retired pay, to provide an additional
opportunity for this member to change his SBP election.
The complete AFPC/DPSIAR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
1. In his response, the applicant reiterates his previous
contentions and adds that because they felt the cost of the
combined programs was too expensive they opted not to accept
them. It was not until June 2012 during his spouse's one-on-one
SBP and VGLI briefings at the Pentagon that they clearly learned
that SBP and VGLI were not combined programs.
2. They initially walked into the retirement briefing with the
intent to decline SBP and VGLI as they did in 2008. However,
after the counselor presented them with a power point
presentation that was clear and easy to follow, explained the
difference between SBP and VGLI, and answered each of their
questions they immediately realized their decision in 2008 to
decline SBP for his spouse was a huge mistake. The briefings
they had been provided were in no way the same and could not be
compared. For them, it was truly eye opening and for the first
time they understood the programs intent.
3. There is no doubt in his mind had he received the same
briefing in 2008 that they received in June 2012 they would not
have hesitated to accept his SBP coverage. He is fully prepared
to pay back any and all associated premiums in order to have
coverage for his spouse. He requests that the Board consider
his integrity in this matter. This is the only evidence he has
to submit.
The applicants complete response is at 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 error or injustice warranting
corrective action. 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 that neither the applicant nor his spouse
submitted a valid election within the period required by law to
establish spouse coverage. 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 13 March 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-02406:
Exhibit A. DD Form 149 dated 23 May 2012.
Exhibit B. Applicants Master Personnel Record
Exhibit C. Letter, AFPC/DPSIAR, dated 19 July 2012.
Exhibit D. Letter, SAF/MRBR, dated 7 August 2012.
Exhibit E. Letter, Applicant, dated 20 August 2012.
Panel Chair
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