RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00088 

 INDEX CODE: 137.04 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

 

APPLICANT REQUESTS THAT: 

 

Her Survivor Benefit Plan (SBP) be changed to child only coverage. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She worked in the SBP office prior to her medical retirement when 
she filled out the SBP paperwork and sent it to her husband (who 
was in Army Basic Training at the time) for his concurrence. She 
was not on good terms with her supervisor because she had to attend 
countless medical appointments; her supervisor did not like her 
absences from work. She submitted an Inspector General (IG) 
complaint for unfair treatment, but does not know if her complaint 
was investigated. The doctors did not believe there was anything 
wrong with her; however, she has since had two brain surgeries. 
She received a “2” on her enlisted performance report (EPR) for not 
participating in physical training; they thought she was faking her 
medical problems. She loved the Air Force and is now reduced to 
using a walker and can not work. 

 

In support of her request, applicant provides a copy of a letter 
from her husband and a copy of her orders. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served on active duty and has been progressively 
promoted to the grade of technical sergeant. 

 

According to the applicant’s DD Form 2656, Data for Payment of 
Retired Personnel, she elected child(ren) only coverage based on 
full gross pay without supplemental SBP. Her spouse did not attend 
the one-on-one briefing. The SBP office sent the applicant’s 
spouse a notification that required a written concurrence since she 
did not choose to provide maximum coverage for him. As of Apr 08, 

 
the SBP office had not received the DD Form 2656 signed by the 
applicant’s spouse. On 24 Apr 08, the applicant was placed on the 
TDRL. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states the applicant was 
married with an eligible dependent child and elected child only SBP 
coverage based on full retired pay prior to being placed on the 
Temporary Disability Retired List (TDRL). The applicant’s husband 
did not complete or submit a statement concurring in her election 
prior to the retirement effective date. The applicant was properly 
briefed on the SBP options and its effects prior to her retirement, 
including the disenrollment provision. Although she provided a 
notarized statement from her husband, the statement did not 
acknowledge him permanently waiving his entitlement to the 
$1,032.00 SBP annuity in the event of her death. The applicant 
will be authorized to disenroll her husband with written 
concurrence beginning 24 Apr 10. Since there is no evidence of an 
error or injustice, and no basis in law to grant relief, DPSIAR can 
not support the applicant’s request. 

 

The DPSIAR complete evaluation is at Exhibit C. 

 

___________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responded by providing a notarized statement from her 
husband in which he agrees to child only SBP coverage. 

 

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

 

___________________________________________________________________ 

 

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 recommendation of the 
Air Force office of primary responsibility and adopt its 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 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-2010-00088 in Executive Session on 1 Apr 10, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Dec 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIAR, dated 4 Feb 10. 

 Exhibit D. Letter, SAF/MRBR, dated 12 Feb 10. 

 Exhibit E. Letter, Applicant’s Spouse, dated 22 Feb 10. 



 Panel Chair