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AF | BCMR | CY2002 | 0103668
Original file (0103668.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03668
            INDEX CODE:  137.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to reinstate Survivor Benefit Plan  (SBP)  coverage  for
his current spouse.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was going through a divorce and inquired at Peterson AFB about  how
to quickly terminate his SBP coverage on his wife.   A  xxxx  informed
him that all he  would  need  to  do  was  complete  DD  Form  2656-2,
Termination of SBP Request, have  his  spouse  sign  the  request  and
forward the completed form to  DFAS  for  processing.   The  applicant
further contends that he asked XXXX. if he would be able to  reinstate
his SBP in the future if he remarried and XXXX. told him yes he  would
be able to reinstate his SBP because he was terminating  his  coverage
now to due divorce.  He requests that we review his request and  allow
him to reinstate his SBP coverage for his current spouse, due  to  him
being improperly counseled.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The 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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states that  Public  Law  105-85,  18  Nov  97,  authorized
members who had been retired as of 17 May 98 for more than two
years, a one-year window to disenroll from the  SBP.   If  the  member
chose to terminate the SBP, they must complete  the  DD  Form  2656-2,
with the spouse's signed notarized  consent.   The  termination  would
take effect the month following receipt by DFAS-CL.  When  terminating
SBP the member is not entitled to a refund of premiums and  is  barred
from reentering SBP.

The applicant contends that he  was  improperly  counseled  about  the
options of having SBP reinstated at  a  future  date.   The  applicant
wanted to terminate his SBP coverage for his spouse immediately.   The
applicant terminated his coverage under the appropriate  provision  of
the law.

DPPTR further states to approve the applicant's request would  provide
him an opportunity not afforded to other retirees.  They recommend his
request be denied.

A complete copy of the evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 25 January 2002, for review and  response.   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 probable 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
and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant alleges that he  received  erroneous  information  regarding
future options if he disenrolled under the provisions  of  PL  105-85.
PL 105-85 provides service members a one-year window to disenroll from
SBP providing  they have been  retired for more  than 2 years as of 17
May 98 and that future enrollment is barred.  The applicant  submitted
the completed DD Form 2656-2  with  the  notarized  signature  of  his
spouse concurring with the termination.   The  DD  Form  2656  clearly
states that once the coverage is discontinued that reenrollment is not
possible.  The applicant wanted his
coverage terminated immediately and he did so  under  the  appropriate
provision.  Applicant has not established to our satisfaction that  he
was unaware of the provisions  of  termination  of  coverage  and  its
effects.  Therefore, in the absence of evidence to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 April 2002, under the provisions  of  AFI  36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Dec 01, w/atchs.
   Exhibit B.  Letter, AFPC/DPPTR, dated 18 Jan 02.
   Exhibit C.  Letter, SAF/MRBR, dated 25 Jan 02.





                                   DAVID C. VAN GASBECK
                                   Panel Chair

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