RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-02976
INDEX CODE:  137.03
	XXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His records be corrected to show he declined coverage under the Survivor Benefit Plan (SBP) rather than electing spouse coverage.

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APPLICANT CONTENDS THAT:

He applied for a term insurance policy and must have inadvertently marked that he wanted SBP while he was waiting to find out if his application was accepted.  His spouse signed the DD form 2526, Section XI, SBP Spouse Concurrence, her agreement for not receiving full coverage.  He didn’t realize the error until he received his first retirement check.

In support of his application, he provided a personal statement a copy of his DD Form 2656, a copy of his personal insurance policy transmittal and a copy of his retirement orders.  The applicant’s complete submission with attachments is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was relieved from his Reserve assignment and transferred to the Retired Reserve Section, in the grade of Lieutenant Colonel, effective 20 April 1994.  The applicant became eligible to receive retired pay at age 60 on 25 July 2002.  

On 28 March 2002, the applicant had completed and signed Section XI of the DD Form 2656, electing full coverage for his spouse.  On 23 July 2002, the applicant’s spouse signed the DD Form 2656, Section XI, SBP Spouse Concurrence.

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AIR FORCE EVALUATION:

AFPC/DPP reviewed the applicant’s case file and recommends disapproval.  The spouse’s signature in Section XI (#30) of the DD Form 2656, is not required unless a married member elects child-only coverage, does not elect full spouse coverage, or declines coverage.  However, since the statement above the spouse’s signature line says, “I hereby concur with the Survivor Benefit Plan election made by my spouse,” it is not unusual for the spouse to sign the form even when the member is electing full coverage.  Therefore, HQ ARPC/DPPR had no reason to question the validity of the applicant’s SBP election of full coverage for his spouse.  

Title 10, United States Code, Section 1448(a)(4)(A) states an election under the SBP is irrevocable if not revoked before the date on which the person first becomes entitled to retired pay.  Since the applicant did not revoke his election prior to his 60th birthday, he cannot revoke the coverage for his spouse now.  However, a member can withdraw from the program any time during the 1-year period, beginning on the second anniversary of the date on which payment of retired pay begins.  The DPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant believes that he should not be made to wait for two years before making the change to his SBP election.  The applicant’s rebuttal is at Exhibit E.

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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 probable error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant has been the victim of an error or injustice.  The applicant completed and signed the DD Form 2656 electing full SBP coverage for his spouse.  The applicant asserts that he did not understand the nature of his election.  However, other than his own assertions, he has provided no evidence that would lead us to believe the SBP counselor provided misleading or inaccurate information.  In this regard, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered this application in Executive Session on 21 January 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2002-02976:

	Exhibit A.  DD Form 149, dated 14 Sep 02, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPP, dated 4 Nov 02.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 02 
	Exhibit E.  Applicant’s Rebuttal, dated 8 Dec 02