RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-05043 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect that he elected spouse and child coverage under the Survivor Benefit Plan (SBP) based on full retired pay, rather than a reduced amount. ________________________________________________________________ APPLICANT CONTENDS THAT: He made a decision based on information available to him at the time which was incomplete. He was diagnosed with inoperable, stage IV pancreatic cancer in Oct 11. According to the surgeon that found the cancer, it has been present for over two years, which pre-dates his retirement by at least seven months. Had he known about his cancer at the time of his retirement, he would have elected SBP coverage based on full retired pay. In light of this evidence, he respectfully requests being allowed to adjust his SBP to the full amount. In support of his request, the applicant provides copies of excerpts from his medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. Therefore, there is no reason to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial, indicating there is no evidence of an error or injustice. The applicant was married and had dependent children prior to his 1 Jun 10 retirement. On 11 Jan 10, the applicant and his wife were briefed on the options and effects of the SBP by an SBP counselor. He elected spouse and child SBP coverage based on $2,800.00 and his wife concurred in the election. Currently, the monthly costs are $188.75 and, in the event of his death, would provide his spouse a monthly SBP annuity of $1,595.00 (gross). Had the applicant elected the maximum level of SBP coverage, the monthly premium would be approximately $334 and the annuity amount would be $2,818. While it is unfortunate the applicant’s pancreatic cancer had not been diagnosed before he retired, it is each person’s responsibility to elect the type and level of SBP coverage he or she determines best for his/her family. The SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to provide future benefits for survivors. Approval of this request would provide the applicant an opportunity not afforded other retirees similarly situated. There is no evidence of Air Force error or injustice. A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that his cancer was present prior to his retirement and provides copies of additional medical documentation as well as an extract from correspondence from the Department of Veterans Affairs (DVA) related to their rating decision in his case. A complete copy of the applicant’s response, 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, including his response to the Air Force evaluation, 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. However, while it is regrettable that he elected less than full coverage under the Survivor Benefit Plan (SBP) in the face of his terminal illness, he has presented no evidence of an error on the part of the Air Force, regardless of when the applicant’s condition may have been present. Therefore, in the absence of evidence to the contrary, we find no basis for us 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 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-2011-05043 in Executive Session on 3 May 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Dec 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSIAR, dated 20 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. Exhibit D. Letter, Applicant, dated 1 Mar 12, w/atch.