RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00418
INDEX CODE:137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) coverage be terminated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal 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 at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends the application be denied. DPPTR states that the
applicant elected full spouse and child coverage prior to his 1 September
1996 retirement. He was eligible to disenroll between 1 September 1998 and
31 August 1999; however he did not do so. DPPTR further states that he had
ample resources available to him to obtain information on disenrollment
procedures. DPPTR believes that to provide him additional time to
terminate his SBP coverage would be inequitable to other retirees in
similar situations and is not justified by the facts (see Exhibit B).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant’s spouse responded by stating that after a look at their
financial status they feel the money that they are paying into the SBP plan
could be better used elsewhere. They would
like to use this money to invest in other avenues. Her submission is at
Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
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 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 persuasive 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 4 February 2002.
Exhibit B. Letter, AFPC/DPPTR, dated 26 February 2002.
Exhibit C. Letter, SAF/MRBR, dated 1 March 2002.
Exhibit D. Letter, Applicant, dated 7 March 2002
DAVID C. VAN GASBECK
Panel Chair
DPPTR believes that to provide him additional time to terminate his SBP coverage would be inequitable to other retirees in similar situations and is not justified by the facts (see Exhibit B). _________________________________________________________________ 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...
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 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.
AF | BCMR | CY2003 | BC-2003-01479
Since she elected maximum spouse coverage, her husband’s concurrence was not required. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR reviewed applicant’s request and recommends denial. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 3 June 2003, for review and response.
AF | BCMR | CY2003 | BC-2003-01361
He was told both times that he would not be able to cancel the plan until 1 Apr 03. Disenrollments are effective upon receipt of a properly completed request by DFAS-CL, postmarked not later than the member’s third anniversary of receiving retired pay. 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...
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).
_________________________________________________________________ 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).
AF | BCMR | CY2003 | BC-2002-02392
DPPTR states that Public Law 96-402 permits members who have been rated 100 percent disabled by the DVA for five continuous years immediately following retirement, or ten consecutive years if rated 100 percent after retirement, to withdraw from SBP. He could have terminated his SBP coverage during the 1998 - 1999 open disenrollment period, but did not submit a request to do so. _________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2004 | BC-2002-02392
DPPTR states that Public Law 96-402 permits members who have been rated 100 percent disabled by the DVA for five continuous years immediately following retirement, or ten consecutive years if rated 100 percent after retirement, to withdraw from SBP. He could have terminated his SBP coverage during the 1998 - 1999 open disenrollment period, but did not submit a request to do so. _________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2003 | BC-2003-01548
Since he was married and had dependent children at the time, he was automatically enrolled for full spouse and child coverage under the SBP. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-01548 in Executive Session on 30 September 2003 under the provisions of AFI 36- 2603: Mr....
DFAS has no record of the applicant submitting a valid SBP disenrollment request during the authorized timeframe to submit a request to terminate his enrollment in SBP. In this respect, PL 105-85 provides a one-year window of opportunity to disenroll from the SBP provided the service member submits a completed DD Form 2656-2, with the notarized signature of the beneficiary concurring with the termination of the SBP. _________________________________________________________________ The...