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
AF | BCMR | CY2002 | BC-2002-00640
_________________________________________________________________ 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. To provide the applicant additional time to disenroll from SBP would be unfair to other retirees in similar situations. As of this date, no response has been received by this office (Exhibit C).
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