RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05332

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he elected to participate in the Survivor Benefit Plan.

APPLICANT CONTENDS THAT:

He received bad advice and did not understand the SBP program.  He also contends he set a time to understand it, but was one week late, however, it was before the first payment would have been taken out of his pay.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 Mar 95.

On 8 Sep 15, the applicant and his wife were briefed on the SBP program, signing DD Form 2656, Data For Payment of Retired Personnel,  certifying and concurring that the member elected not to participate in SBP.  

On 30 Nov 15, the applicant was furnished an honorable discharge, retired effective 1 Dec 15, and was credited with 20 years, 8 months, and 8 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice.  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 pre-retirement counseling, members are ultimately responsible for making the election that best meets their particular situation.  Evidence (DD form 2656) reveals the applicant was briefed more than two months (8 Sep 15) prior to his retirement date and there is no evidence he was improperly counseled.  He made a valid election to not participate in the SBP program with his wife’s concurrence, indicating her acknowledgement of her husband’s decision to decline SBP coverage.

A complete copy of the AFPC/DPFFF 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 11 May 16 for review and comment within 30 days (Exhibit D).  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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-05332 in Executive Session on 27 Apr 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05332 was considered:

	Exhibit A.  DD Form 149, dated 7 Dec 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 21 Apr 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 11 May 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.