RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01548
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His spouse and child coverage under the Survivor Benefit Plan (SBP) be
terminated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was automatically enrolled in the SBP and does not have a need for the
program since his spouse and children will be well provided for.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Prior to his 21 September 1999 disability retirement, the applicant failed
to make a valid SBP election. Since he was married and had dependent
children at the time, he was automatically enrolled for full spouse and
child coverage under the SBP.
Public Law 105-85(PL 105-85), provided a one-year period beginning on the
second anniversary of the date of commencement of retired pay, during which
SBP participants could voluntarily discontinue participation, with their
spouse’s concurrence. If the retiree fails to exercise the disenrollment
option during the one-year eligibility period, the SBP election is
permanent and irrevocable as long as the beneficiary remains eligible.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends the application be denied and states, in part, that
the applicant had ample opportunity to obtain information concerning
correcting or disenrolling from the SBP and waited over three years to
submit a request to the finance center. Furthermore, the January 2000
issue of the Afterburner, published prior to the commencement of his one-
year opportunity to disenroll, reminded retirees of their disenrollment
options and provided points of contact.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 3 July 2003 for review and response within 30 days. However, 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 error or injustice. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. 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. The office of primary
responsibility has adequately addressed applicant’s contentions and we
agree with their opinion and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain her burden that she
has suffered either an error or an injustice. Hence, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 Docket Number BC-2003-01548
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 28 Apr 03, w/atchs.
Exhibit B. Member's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 1 Jul 03.
Exhibit D. Letter, SAF/MRBR, dated 3 Jul 03.
DAVID C. VAN GASBECK
Panel Chair
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