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AF | BCMR | CY2003 | BC-2003-01548
Original file (BC-2003-01548.doc) Auto-classification: Denied

                            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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