RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00082
		INDEX CODE:137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he elected child coverage under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He and his wife, during the retirement briefing, were led to believe they could not elect child coverage unless they elected spouse coverage.

Applicant's complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

At the time of his retirement the applicant was married and had one child, born on 10 October 2000.  Prior to his 1 February 2003 retirement, he elected not to participate in the SBP.  His wife concurred with the election on 14 November 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states the DD Form 2656, Data Verification for Payment of Retired Personnel, item 26c, provides an option for child coverage.  The applicant and his spouse’s signature on the DD Form 2656 indicated they acknowledged and understood the options of the SBP and the effects of those options.  Furthermore, each servicemember is responsible for making the SBP selection that would provide the best level of protection for their individual circumstances.  DPPTR believes the evidence does not support that an error or injustice occurred and recommends the applicant’s request be denied.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 12 March 2004, for review and response.  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 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 the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Essentially, the applicant alleges that he and his spouse were miscounseled regarding electing child only coverage.  However, the DD From 2656, item 26c, provides the option for child only coverage.  The applicant’s and his wife’s signature on the DD Form 2656 indicate their acknowledgement that they understood the options of the SBP and the effects of those options.  The applicant has not established to our satisfaction that he was miscounseled regarding his SBP options.  Furthermore, it is the responsibility of each servicemember to elect the SBP coverage that best suits his family situation.  Therefore, in the absence of evidence to the contrary, we find no compelling 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 AFBCMR Docket Number BC-2004-00082 in Executive Session on 7 April 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 16 Dec 03, w/atchs.
	Exhibit B.	Master Personnel Records
	Exhibit C.	Letter, HQ AFPC/DPPTR, dated 8 Mar 04.
	Exhibit D.	Letter, SAF/MRBR, dated 12 Mar 04.

					Panel Chair