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AF | BCMR | CY2003 | BC-2003-02194
Original file (BC-2003-02194.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02194
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken to permit him to terminate spouse  coverage
under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He called the Defense Finance and Accounting Service  (DFAS)  and  was
informed the SBP would be cancelled per his  telephone  call.   Taking
$90 out of his retired pay would cause an undue hardship.

In support of the appeal, applicant submits a copy of a Designation of
Beneficiary form, a letter from the  Office  of  Personnel  Management
confirming that they received his request  not  to  elect  a  survivor
annuity benefit for his wife and that they had cancelled the  election
per his request; three copies of a letter to DFAS requesting  the  SBP
be stopped effective immediately;  a  letter  to  the  Board;  Retiree
Inquiry Response  Form,  a  statement  from  his  wife,  unsigned  and
undated; a letter from applicant reporting the passing of his wife;  a
copy of his wife’s death certificate; a letter from the applicant with
a copy of his marriage certificate requesting that SBP be  started  at
the appropriate time for his new wife; and  a  copy  of  his  marriage
application.  Applicant's complete submission, with attachments, is at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired on 1 July 1971 and elected spouse and child  SBP
coverage based on full retired pay during the initial open  enrollment
period  (effective  21  September  1972).  The  youngest  child   lost
eligibility in July 1991.  The applicant’s wife L--- died on 25  April
1995; on 8 June 1995, DFAS - Cleveland Center (DFAS-CL)  received  the
applicant’s notification to stop spouse costs and  SBP  premiums  were
suspended.  The applicant married M--- on 30 May 2002 and  on  5  June
2002 he wrote to the finance center requesting that she  be  added  to
the SBP.  Spouse premiums
were reinstated on the first anniversary of their marriage.  On 2 June
2003, the applicant requested that the finance center stop the SBP.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states that the applicant  submitted  a  valid  request  to
reinstate SBP coverage on M---‘s behalf, but failed to submit  a  non-
participation  request  until  after  the  first  anniversary  of  his
marriage.  They can neither confirm nor  deny  the  applicant’s  claim
that he called the finance center during the required time  limit  and
requested that his coverage  be  terminated;  however,  based  on  the
applicant’s previous actions, it is reasonable to assume  he  knew  he
had to  submit  a  written  request  to  make  changes  to  the  Plan.
Furthermore, the applicant failed to respond  to  their  7  July  2003
letter requesting he obtain a notarized  statement  completed  by  his
wife in which she acknowledges retired pay ceases when  the  applicant
dies, that she is currently eligible to receive an annuity  valued  at
approximately $774 per month (after the age of 62, no less than $492),
and approval of this request would result in her receiving no monetary
benefit from the Air Force in the event of the applicant’s death.   To
provide the applicant an additional  opportunity  to  change  his  SBP
election would be inequitable to other members in  similar  situations
and is not justified.  Therefore, they recommend denial of applicant’s
request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that AFPC/DPPTA failed to note any reference  to  his
letters dated 6/2/03 and 6/27/03.

Applicant's complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, in the  absence  of  the  the  submission  of  the  requisite
statement by the applicant’s spouse, we agree  with  the  opinion  and
recommendation of the Air Force and adopt their rationale as the basis
for the 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  this  application,  BC-
2003-02194, 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 27 Jun 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPTR, dated 8 Aug 03.
      Exhibit D. Letter, SAF/MRBR, dated 15 Aug 03.
      Exhibit E. Applicant’s Response, dated 28 Aug 03, w/atch.




                             DAVID C. VAN GASBECK
                             Panel Chair

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