RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01361
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His participation in the Survivor Benefit Plan (SBP) be
discontinued.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He called the SBP office twice in the past year checking on the
date in which he would be able to cancel the SBP plan. He was told
both times that he would not be able to cancel the plan until
1 Apr 03. So, he waited and called on 1 Apr 03 to check on what
paperwork he would need to fill out in order to cancel the plan.
He was told he would not be able to cancel his plan because he had
missed the one-year window of opportunity.
He believes that because of miscounseling, he should be given the
opportunity to cancel his plan.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant elected spouse only SBP coverage based on full
retired pay prior to his 1 Mar 00 retirement. He was eligible to
disenroll between 1 Mar 02 and 28 Feb 03; however, there is no
evidence he requested disenrollment. On 21 Apr 03, he was asked to
complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination
Request, and provide a properly notarized concurrence statement
from his wife; however, he has not responded.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR reviewed the application and recommended denial. Public
Law (PL) 105-85 provides a one-year period, beginning on the second
anniversary of the date of commencement of retired pay, during
which SBP participants may choose to voluntarily discontinue their
participation. Retirees must complete a DD Form 2656-2 and obtain
the spouse’s notarized consent. 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.
The law does not require the retirees be notified at the beginning
of the one-year period and there is no refund of premiums. If the
retiree fails to exercise the disenrollment option during the one-
year period, the SBP election is considered permanent and is
irrevocable as long as the beneficiary remains eligible.
DPPTR could not confirm or deny the member’s claim that he
contacted an SBP office twice in the past year and was given
erroneous disenrollment information. However, the election form,
which he signed three months prior to his retirement, contained a
specific statement that retiring members have been counseled on the
disenrollment option. Information and points of contact were
published in the Afterburner, News for USAF Retired Personnel,
reminding retirees of the one-year opportunity to terminate SBP
coverage. Records indicate this official newsletter was mailed to
the address where the applicant continues to reside. PL 105-85
contains no provision for waiving or extending the one-year period
authorized to terminate participation. Providing applicant
additional time to terminate his coverage would be inequitable to
other retirees in similar situations.
A complete copy of the evaluation, with attachments, is at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 25 Jul 03 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.
___________________________________________________________________
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
BC-2003-01361 in Executive Session on 30 September 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton Jr., Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Apr 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 16 Jul 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 25 Jul 03.
DAVID C. VAN GASBECK
Panel Chair
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...
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