RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01479
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be disenrolled from the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She and her spouse were led to believe that upon her death, her
husband would receive 55 percent of her retired pay regardless of age.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married and on 31 October 2002, made a valid SBP
election for spouse only coverage based on full-retired pay, prior to
her 1 January 2003 retirement. 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. Each
person attends a one-on-one SBP briefing given by an SBP counselor
prior to their retirement and part of that briefing addresses the
annuity reduction at age 62 from 55 percent to 35 percent and the one-
year disenrollment opportunity. Even though we can neither deny nor
confirm the member’s claim of miscounselling, by signing the SBP
election form she acknowledged that she fully understood the election
she made. The applicant may disenroll with her husband’s written
concurrence, during the
one-year period beginning 1 January 2005, as authorized by PL
105-85. Approval of this request would provide the applicant an
opportunity not afforded other retirees.
The DPPTR evaluation is at Exhibit B.
_________________________________________________________________
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. As of this date,
this office has received no response.
_________________________________________________________________
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 an error or injustice. After a thorough review of
the evidence of record and applicant's submission, we are not
persuaded that she should be allowed to disenroll from the Survivor
Benefit Plan. Applicant's contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain her burden of having suffered either an error or
an injustice. In view of the above and absent 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 an material error or an 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 Docket Number BC-2003-
01479 in Executive Session on 30 September 2003, under the provisions
of AFI 36-2603:
Mr. David C. Van Gasbeck,Panel Chair
Mr. Mike Novel, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Apr 03.
Exhibit B. Letter, AFPC/DPPTR, dated 30 May 03
Exhibit C. Letter, SAF/MRBR, dated 3 Jun 03.
DAVID C. VAN GASBECK
Panel Chair
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