RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01011
            INDEX CODE 137.03
            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) coverage be stopped immediately.

___________________________________________________________________

APPLICANT CONTENDS THAT:

It was never disclosed to him that there would be a charge for SBP.
 He was never given a retirement briefing or told about the  charge
for SBP.  He says the charge is outrageous and the  SBP  should  be
discontinued.

In support of his appeal, applicant provided a personal  statement,
and copies of DD Form 2656 (Data for Payment of Retired  Personnel)
and DFAS-CL 7220/148 (Retiree Account Statement).

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant’s records indicate he completed 22 years, 3 months, and 7
days of total active federal military service (TAFMS).  He  retired
effective 1 February 2002 and is currently receiving retired pay.

Other 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 at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommended denial.   The
SBP is a program that allows retired members to leave a portion  of
their retired pay as a monthly annuity to their beneficiary at  the
time of their death.  The Reserve Component Survivor  Benefit  Plan
(RCSBP) allows a member who completes the requirements for  Reserve
retired pay at age 60, to leave a portion of their retired pay,  as
a monthly annuity, to their beneficiary at the time of their death,
whether before or after age 60.  The RCSBP/SBP election  cannot  be
revoked.  However, a member can withdraw from  the  program  during
the one-year period beginning on the second anniversary of the date
on which payment of retired pay begins.

Applicant completed 20 years of  satisfactory  service  and  became
eligible for Reserve retirement on 29 November 1985.  At that time,
a DD Form 1883, Survivor Benefit Plan Election Certificate, and the
accompanying RCSBP information package  was  mailed  to  him.   The
package contained the form as well as information on how to compute
the cost of the RCSBP.  He completed the form to  provide  coverage
for spouse only based on the  full  amount  of  retired  pay.   His
election was received by HQ ARPC on 2 May 1986.

By law, once a member completes 20 years of TAFMS and  applies  for
retired pay, the RCSBP election is no longer valid and  the  member
must make an SBP election.  The applicant made an SBP election  for
his spouse  when  he  applied  for  retired  pay  to  be  effective
1 February 2002.   DD  Form  2656,  Data  for  Payment  of  Retired
Personnel, was sent to ARPC with his  retirement  application.   In
addition, the form instructs members to “See your Survivor  Benefit
Counselor before  making  an  election.”   The  DD  Form  2656  was
properly completed, signed, witnessed and accepted as a  valid  SBP
election.

Applicant did not receive a retirement  briefing  by  the  military
personnel  flight  (MPF).   However,  he  did  receive   SBP   cost
information when he elected RCSBP  coverage  in  1986.   Since  his
forms were completed properly, there was no reason to question  the
validity of the SBP election or whether he was  properly  counseled
regarding SBP and the cost incurred.

By law, he will have the  one-year  period  to  withdraw  from  the
program beginning on the  second  anniversary  of  receipt  of  his
retired pay.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 17 May 2002 for review and comment within 30 days.  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 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  office  of  primary  responsibility  and  adopt   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.   Therefore,  in  the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.

4.  Notwithstanding the above, 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 DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of 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
02-01011  in  Executive  Session  on  16  August  2002,  under  the
provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Chair
      Mr. Joseph A. Roj, Member
      Mr. Roscoe Hinton Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 8 May 02, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.




                                   BARBARA A. WESTGATE
                                   Chair