RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00308 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be changed to show a timely election for spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: When he was placed on the Temporary Disability Retired List (TDRL) in December 1995, he was informed that in 18 months his case would be reevaluated to determine whether he would be placed back on active duty or retired permanently. His files show no record that he was given a choice of SBP. In support of his request, the applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Special Order No. ACD-1212. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant and his spouse were married on 18 February 1982. The applicant elected not to participate in the SBP on 4 December 1995 and his spouse concurred in his election. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. DPSIAR states the applicant’s claim of non-counseling at retirement is without merit. A copy of the SBP RIP located in the applicant’s records shows he signed the certification sheet on 20 December 1995, indicating he was properly briefed on the options and effects of the plan by the Kadena AB Japan, SBP counselor. Although the SBP RIP was dated after the election was made, there is no evidence the applicant was not counseled on the SBP at the time he completed the form. Furthermore, the applicant could have made changes to his SBP election any time prior to his retirement date. The spouse’s signature in section VIII of the DD Form 2656 verifies her concurrence in the applicant’s decision to decline SBP coverage and acknowledgment that she signed the form of her own free will. The 99-00 and 05-06 open enrollments authorized by PL 105-261 and 108-375, requires members to pay a lump-sum buy-in within months after making the election. The amount of the buy-in is based upon the earliest date the member was eligible to elect coverage. In this case, the applicant’s lump-sum buy-in for the 99-00 open enrollment would have been approximately $3,700, the monthly cost would have been about $37 and for the 05-06 open enrollment it would have been $7,200 and $47, respectively. If the applicant submitted an open enrollment election and survived for two years, his wife would be entitled to an SBP annuity of approximately $466 per month. It would be inequitable to those members who chose to elect spouse coverage when eligible and subsequently received reduced retired pay, to provide an additional opportunity for this member to change his SBP election. There is no evidence of error or injustice in this case. The DPSIAR complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 March 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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 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 the evidence presented did not demonstrate the existence of an 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-2010-00308 in Executive Session on 10 August 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00308 was considered: Exhibit A. DD Form 149, dated 22 January 2010, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 26 February 2010, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 12 March 2010.