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AF | BCMR | CY1998 | 9700262
Original file (9700262.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

JUN  1 6  1998 

DOCKET NUMBER: 97-00262 
COUNSEL:  None 
HEARING DESIRED:  NO 

IC 

APPLICANT REQUESTS THAT: 

Spouse and child coverage under the Survivor Benefit Plan  (SBP) 
be terminated. 

APPLICANT CONTENDS THAT: 

He  and  his  wife  thought  they  were  not  applying  for  the  SBP 
coverage. He did not know he was going to be charged for the SBP. 
He has insurance coverage. He submits a Retiree Account Statement 
showing an allotment  for an insurance premium  in support. This 
added insurance expense is causing an unexpected burden against 
their finances. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
Relevant facts pertaining to this application, extracted from the 
applicant's  military  records,  are  contained  in  the  letter 
prepared  by  the  appropriate  office  of  the  Air  Force. 
Accordingly,  there  is  no  need  to  recite  these  facts  in  this 
Record of Proceedings. 

AIR FORCE EVALUATION: 

/ I  

The Chief , Retiree Services Branch, HQ AFPC/DPPTR, re*iewed  this 
appeal and states that applicant's claim that he did not know he 
was  enrolled and that  there would be  a charge  for the coverage 
cannot be substantiated. The SBP counselor reported the applicant 
attended her briefing in May 1996 and she provided a copy of the 
applicant's election, a worksheet used to compute the cost, and 
the Report of Individual Person  (RIP).  He was properly briefed, 
specifically about the cost associated with participation, and he 
made an informed decision. In addition, there is no basis in law 
to  terminate  coverage  as  long  as  the  beneficiaries  remain 
eligible.  The author strongly recommends the relief be  denied. 
A  remedy  is provided  should  the Board  decide  to  grant  relief, 

contingent on the wife's written concurrence in 
of  the  coverage now  in effect  and  she  thereby 

which should be 
the  termination 
forfeits any future claim to the SBP annuity. 
A complete copy of the Air Force evaluation, with attachments, is 
at Exhibit C. 

- 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The  Air  Force  evaluation  was  forwarded  to  the  applicant  on 
14 July  1997 for review and  comment within  30 days.  His wife 
submitted a statement wherein she asserts she does not want, and 
never wanted, SBP coverage as  she is already well-covered with 
life insurance. 

The wife's statement is at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2 .   The application was timely filed. 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice  to 
warrant terminating applicant's participation in the SBP. After a 
thorough  review of  the  evidence  of  record  and  the  applicant's 
submission, we are not persuaded that he has been the victim of 
either  an  error  or  an  injustice.  Applicant's contentions are 
duly  not-ed;  however,  we  do  not  find  these  uncorroborated 
assertions,  in  and  by  themselves,  sufficiently  persuasive  to 
override the  rationale provided by  the Air  Force. In fact, the 
available  evidence  clearly  indicates  that  the  applicant  was 
counseled regarding the costs of participating in the SBP and he 
did  elect  to  participate.  We  therefore  agree  with  the 
recommendations  of  the  Air  Force  and  adopt  the  rationale 
expressed as  the basis  for our decision that  the applicant has 
failed to sustain his burden that he has suffered either an error 
or  an  injustice.  In view  of  the  above  and  absence  persuasive 
evidence  to  the  contrary,  we  find  no  compelling  basis  to 
recommend granting the relief sought. 
4.  However,  Public  Law  (PL)  1 0 5 - 8 5   (effective  17  May  1998) 
provides an opportunity for retirees to terminate participation 
in the SBP beginning on the second anniversary of their receipt 
of retired pay. There will be no refund of premiums paid into the 
program  and  the  spouse's  concurrence  will  be  required.  For 

further  information,  applicant  should  contact  the  Retiree 
Services Branch  (AFPC/DPPTR) at 1-800-531-7502.  (An  extract of PL 
105-85 is attached to the letter to the applicant.) 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  that  the  evidence presented'did  not 
demonstrate  the  existence  of  probable  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. 

P 

The following members of the Board considered this application in 
Executive Session on 21 May 1998, under the provisions of AFI 3 6 -  
2603 : 

Mr. Henry C. Saunders, Panel Chair 
Mrs. Barbara A. Westgate, Member 
Ms. Ann L. Heidig, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 23 Jan 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPPTR, dated 30 Jun 97, w/atchs. 
Exhibit D.  Letter, AFBCMR, dated 14 
Exh5bit E.  Letter, Applicant's 

3 



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