RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-00869
INDEX CODE:  137.03
								COUNSEL: NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 September 2007

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APPLICANT REQUESTS THAT: 

Her husband’s records be corrected to show he elected spouse only coverage based on full retired pay versus spouse only coverage based on a reduced level of retired pay under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

She and her spouse were given poor advice by Air Force personnel as to the selection of the SBP and the impact it would have in the future.  

In support of her application, the applicant provided a copy of her husband’s DD Form 214, Certificate of Release or Discharge from Active Duty, his certificate of death, and Certification of Survivor Benefit Plan Briefing.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The decedent was relieved from active duty on 28 February 1989 with 21 years, 4 months, and 4 days of active duty and retired in the grade of chief master sergeant effective 1 March 1989.  The decedent died on 16 January 2006. 

The remaining relevant facts pertaining to this application, extracted from the decedent’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B.  

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends the applicant’s request be denied.  DPPTR is of the opinion that there is no evidence of Air Force error or injustice in this case.  DPPTR states the decedent elected spouse only coverage based on a reduced level of retired pay prior to his 1 March 1989 retirement, and the applicant concurred in his election.  The applicant is currently receiving an SBP annuity of $299 for which the decedent paid approximately $13 per month.  If the election had been based on full retired pay, the applicant’s SBP annuity would be $1,102.  If maximum SBP had been elected, the monthly premiums would have been more than $130.  

DPPRT states they can neither confirm nor deny the applicant’s claim that both she and the decedent were incorrectly advised prior to retirement.  However, the decedent signed the Certificate of SBP Briefing, acknowledging that he was briefed on and understood the provisions under the SBP and made a valid election with the applicant’s concurrence.  The microfiche records from the Air Force Accounting and Finance Center reflect the spouse’s concurrence was received, validating the election.  The decedent had two opportunities to increase the level of coverage on the applicant’s behalf during the 1992-1993 and 1999-2000 open enrollments, but he chose not to do so.  

If the Board’s decision is to grant relief, the decedent’s record should be corrected to show on 28 February 1989, he elected spouse only coverage based on full retired pay.  Approval should be contingent upon the recovery of premiums the decedent would have paid had he made the election at that time.  The retroactive premium debt would be approximate $33,300.  

The DPPTR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The error made was due to the prejudiced presentation of facts by the person advising them during the retirement process.  They were told that SBP insurance was very expensive; most retirees did not elect it, and it would be best to find a regular life insurance policy.  If the plan had been presented in a positive light, she has no doubt that they would have elected the maximum benefit.  

The applicant’s rebuttal is at Exhibit D.  

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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 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 probable error or injustice.  The available evidence indicates that the applicant’s husband elected SBP coverage based on a reduced level of retired pay prior to his 1 March 1989 retirement.  The decedent signed the Certificate of SBP Briefing, acknowledging he was briefed on and understood the provisions under the SBP and made a valid SBP election with the applicant’s concurrence.  The applicant had the right to concur or non-concur in that election.  We note the applicant’s contentions that the SBP counselor provided poor advice as to the selection of the SBP; however, she has provided no evidence that would lead us to believe the SBP counselor provided misleading or inaccurate information.  Therefore, in the absence of substantive evidence to the contrary, 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.  Accordingly, 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 5 October 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2006-00869:

	Exhibit A.  DD Form 149, dated 16 Mar 06.
	Exhibit B.  Letter, AFPC/DPPTR, dated 3 May 06.
	Exhibit C.  Letter, SAF/MRBR, dated 12 May 06.
	Exhibit D.  Applicant’s Rebuttal, dated 24 May 06.