RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04606
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election
for spouse and child coverage under the Survivor Benefit Plan
(SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled on SBP. He was told he had to pay a certain
amount into SBP before his spouse could receive benefits.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired
on 1 Aug 10.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial, indicating there is no evidence of
an error or injustice. Prior to retirement, service members are
provided in-depth information regarding the options and effects
of SBP. On 31 Mar 10, the applicant and his spouse were
counseled regarding SBP. The applicant declined to elect SBP
and his spouse concurred with the election. By signing SBP
Report on Individual Person (RIP), the applicant acknowledged
and confirmed he understood the provisions of SBP. Although the
applicant contends he was told he would have to pay a specific
amount into SBP before his spouse would be entitled to the
annuity payments, there is nothing in the SBP RIP that indicates
such a restriction. Each service member voluntarily makes their
SBP decision upon the level of risk they are willing to accept.
It would be inappropriate to provide an additional opportunity
to elect SBP coverage, an opportunity not afforded to other
service members similarly situated.
A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Nov 12, for review and comment within 30 days.
As of this date, no response has been received by this office.
________________________________________________________________
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 an 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2012-04606 in Executive Session on 31 Jul 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 18 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12.
Panel Chair
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