RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00211 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he changed the base amount of his spouse coverage under the Survivor Benefit Plan (SBP) from full to a reduced level of retired pay. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not briefed correctly on this matter by the Military Personnel Flight (MPF) personnel. In support of his appeal, the applicant submits a copy of a DD Form 2656-6, Survivor Benefit Plan Election Change Certificate. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 29 Oct 10, the applicant was medically retired with a permanent disability rating of 70 percent. _________________________________________________________________ AIR FORCE EVALUATION: The SAF/MRB Legal Advisor reviewed this application and recommends approval. The Legal Advisor states it appears the applicant was not properly out processed at the time of his disability retirement; thus was not given proper SBP counseling. It further appears that because he did not submit a waiver of spousal consent, he was automatically enrolled at the maximum SBP coverage rate. The Legal Advisor believes the applicant has established he was not properly counseled on the SBP options (as was required), and given this deficiency, and the fact that his spouse consents to the reduced amount, there is an adequate basis upon which to correct the record. The complete SAF/MRB Legal Advisor’s evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a notarized statement from his spouse concurring in her husband’s election to change the level of SBP coverage from full retired pay to a reduced level of coverage in the amount of ($1,100). The applicant’s complete response 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After careful consideration of the evidence provided, and noting the advisory opinion provided by the SAF/MRB Legal Advisor, we find favorable relief is warranted. The Legal Advisor has recommended approval provided the applicant’s spouse concurs with his election. We note the applicant’s spouse has provided a notarized letter concurring in his election, and based on this, we recommend granting relief. Therefore, we recommend the applicant’s records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 28 October 2010, he elected spouse only coverage under the Survivor Benefit Plan (SBP), based on a reduced level of retired pay ($1,100), and his wife concurred with his election. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00211 in Executive Session on 4 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2011-00211 was considered: Exhibit A. DD Form 149, dated 10 Mar 11, w/atch. Exhibit B. Letter, SAF/MRB Legal Advisor, dated 1 Jul 11. Exhibit C. Letter, SAF/MRBC, dated 9 Aug 11. Exhibit D. Letter, Applicant’s Spouse, dated 7 Sep 11. Panel Chair