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AF | BCMR | CY1998 | 9703771
Original file (9703771.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-03771' 
COUNSEL:  None 

HEARING DESIRED:  No 

D S  

Applicant  requests his  Survivor Benefit  Plan  (SBP) coverage be 
terminated.  Applicant's submission is at Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's  request 
and provided  an advisory  opinion to  the  Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the  applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record,  we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent  persuasive evidence applicant was  denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record.  Accordingly, applicant's request is 
denied. 
However, Public Law  (PL) 105-85  (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 - 
For  further  information,  applicant  should  contact  the 
Retiree Services Branch  (AFPC/DPPTR) at 1-800-531-7502. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  Henry  C.  Saunders,  Mrs.  Barbara  A. 
Westgate,  and  Ms.  Ann  Heidig  considered  this  application  on 
27 October  1998  in  accordance  with  the 
Instruction 36-2603, and the governing 

Exhibits : 
A.  Applicant's  DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 

D E P A R T M E N T  O F  T H E  A I R   FORCE 

H E A D Q U A R T E R S  AIR  FORCE  P E R S O N N E L  C E N T E R  

R A N D O L P H   AIR  FORCE  B A S E  T E X A S  

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

SUBJECT:  Application for Correction of Military Records 

Reference: 

Requested Correction:  The applicant is requesting corrective action that would permit 

him to terminate spouse only Survivor Benefit Plan (SBP) coverage.  The member has 
provided a statement, signed by his wife in which she concurs in his request. 

Basis for Request:  The member claims he was in transition and was unable to make 

an election prior to his retirement. 

Backaround:  When the Defense Finance and Accounting Service - Cleveland Center 

(DFAS-CL) fails to receive a valid SBP election prior to a member's retirement, coverage is 
established for all eligible beneficiaries by operation of law. 

Facts:  The member was married and had eligible children when he retired from 

Charleston AFB SC effective 1 Jul 96.  DFAS-CL did not receive documents necessary to 
properly establish his retired pay account (including an SBP election form); therefore, spouse 
and child coverage based on full retired pay was established to comply with the law. 

Discussion:  The member gives no reason why he waited for over 18 months to request 

correction of his record.  His SBP coverage was established by DFAS-CL in compliance with 
the law, but could have been corrected administratively at the time of the alleged error had he 
made a timely inquiry and provided evidence of error.  To provide relief now, based on the 
evidence submitted, would provide the applicant an opportunity not afforded other retirees and 
is not justified.  However, Public Law 105-85 (18 Nov 97) will provide the applicant a one-year 
window  beginning on the 25Ih month of retirement ( I  Jul 98) to terminate all SBP participation. 

Recommendation:  There is no evidence of error or injustice on the part of the Air 

Force; therefore, we recommend that this request be denied.  However, if the Board's decision 
is to grant relief, the member's record should be corrected to show on 30 Jun 96 he declined to 
participate in the SBP and his wife concurred in the election. 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate of Pers Program Mgmt 



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