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AF | BCMR | CY2002 | 0200640
Original file (0200640.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00640
            INDEX CODE:137.00

APPLICANT   COUNSEL:  None

SSN   HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to withdraw from the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since his retirement he has on several occasions tried to contact  the
Defense Finance and Accounting Service (DFAS) requesting  to  withdraw
from the SBP, but was informed that his decision was final and that he
could not terminate his enrollment.

Applicant's complete  submission,  with  attachment,  is  attached  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 since the applicant did not submit  his  request  to
disenroll from SBP in writing they cannot confirm his allegation  that
he tried to contact DFAS.  The  election  form  the  applicant  signed
prior to his retirement to enroll in SBP has a specific statement that
retiring members have been counseled that SBP can be  terminated  with
the spouse's written concurrence, within one  year  after  the  second
anniversary of receiving retired pay.  Also, information is  regularly
published in the Afterburner, News  for  USAF  Retired  Personnel,  to
remind retirees
of their one year opportunity to terminate SBP  coverage  between  the
second  and  third  anniversary  of  receipt  of  retired   pay.   The
Afterburner was mailed to the applicant's address of record, where  he
continues to reside.  There is not a provision in the  laws  governing
SBP for waiving or extending the one-year  period  to  disenroll  from
SBP.  To provide the applicant additional time to disenroll  from  SBP
would be unfair to other retirees in similar  situations.   Therefore,
based on the evidence provided they recommend denying the  applicant’s
request.

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 22 March 2002, for review and response.  As of this date,
no response has been received by this office (Exhibit C).

_________________________________________________________________

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's contentions are duly noted; however,  upon  reviewing  his
records we find no evidence that he requested in writing that his  SBP
be terminated in accordance with  Public  Law  105-85.   Further,  the
applicant presents no evidence that he  did  not  understand  the  SBP
termination provisions as stated in his SBP  election  form  which  he
signed on 5 October 1998.  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 AFBCMR Docket Number 02-
00620 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 18 Feb 02, w/atch.
      Exhibit B. Letter, HQ AFPC/DPPTR, dated 14 Mar 02, w/atch.
      Exhibit C. Letter, SAF/MRBR, dated 22 Mar 02.




                             DAVID C. VAN GASBECK
                             Panel Chair

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