RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04606 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he made a timely election 
for spouse and child coverage under the Survivor Benefit Plan 
(SBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was miscounseled on SBP. He was told he had to pay a certain 
amount into SBP before his spouse could receive benefits. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former Regular Air Force member who retired 
on 1 Aug 10. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPFFF recommends denial, indicating there is no evidence of 
an error or injustice. Prior to retirement, service members are 
provided in-depth information regarding the options and effects 
of SBP. On 31 Mar 10, the applicant and his spouse were 
counseled regarding SBP. The applicant declined to elect SBP 
and his spouse concurred with the election. By signing SBP 
Report on Individual Person (RIP), the applicant acknowledged 
and confirmed he understood the provisions of SBP. Although the 
applicant contends he was told he would have to pay a specific 
amount into SBP before his spouse would be entitled to the 
annuity payments, there is nothing in the SBP RIP that indicates 
such a restriction. Each service member voluntarily makes their 
SBP decision upon the level of risk they are willing to accept. 



It would be inappropriate to provide an additional opportunity 
to elect SBP coverage, an opportunity not afforded to other 
service members similarly situated. 

 

A complete copy of the AFPC/DPSIAR 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 6 Nov 12, for review and comment within 30 days. 
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 
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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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-2012-04606 in Executive Session on 31 Jul 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 Sep 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPFFF, dated 18 Oct 12. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12.