RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04015 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be disenrolled from the Survivor Benefit Plan (SBP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He and his spouse were miscounseled by their SBP counselor in regards to the pretax and pre-former spouse deduction calculations. He would like to cancel his participation in the SPB program. In support of his application, applicant provides a copy of his wife's DD Form 149, Application for Correction of Military Record under the Provisions of Title 10, USC Code, Section 1552, DD Form 2656, Data for Payment of Retired Personnel, and his SPB counseling sheet. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant was married on 10 October 2002 and made a valid SBP election for spouse only coverage based on full-retired pay, prior to his 1 August 2007 retirement. Since he elected maximum spouse coverage, his spouse’s concurrence was not required. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial and states there is no evidence of an error or injustice. The member's claim he was miscounseled on the SBP deduction is without merit. 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 the pre-retirement counseling, members are ultimately responsible for making the election that best meets their particular situation. The SBP counselor provided a copy of the SBP Report on Individual Personnel (RIP) the applicant had signed, acknowledging he understood his options and the effects of his actions pertaining to his SBP election. Division of retired pay varies from state to state and each decree and property settlement is subject to interpretation by local courts. Therefore, the SBP RIP does not address division of retired pay. Nonetheless, SBP counselors are trained to advise members that SBP premiums for former spouse coverage usually reduce the amount subject to division of retired pay, but spouse SBP premiums usually do not. Finally, there is a strong presumption that administrators of the military, like other public officers, discharge their duties correctly, lawfully and in good faith. Approval of this request would provide the applicant an opportunity not afforded to other retirees; however, he may disenroll with his wife's written concurrence, during the one-year period beginning 1 August 2009 as authorized by PL 105-85. AFPC/DPSIAR's complete evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states he was incorrectly briefed by the counselor on SBP. He is only asking that the counselor be held accountable for mistakes in information presented to him and his wife. The information provided by the counselor was the main reason he signed up for the program. Applicant's complete response, with attachment, is at Exhibit D. ________________________________________________________________ _ 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. After a thorough review of the evidence of record and applicant's submission, we do not find his uncorroborated assertion that he was miscounselled, in and by itself, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice. We note that the OPR has provided the applicant with an avenue in which he may disenroll from SBP with his wife's written concurrence during the one-year period as authorized by PL 105-85. In the interim however, and in the absence of persuasive 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 an material error or an 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 Docket Number BC- 2007-04015 in Executive Session on 26 June 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-04015: Exhibit A. DD Form 149, dated 10 December 2007, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 20 Feb 08, w/atch. Exhibit C. Letter, SAF/MRBR, dated 7 Mar 08. Exhibit D. Applicant's response, dated 22 Mar 08, w/atchs.