RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02917
INDEX CODE: 137.01, 137.04
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he elected to terminate coverage
under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He and his wife were told that cancellation had to be done by his
wife. She underwent three surgeries, loss of hair and personal
catastrophes during the cancellation period. She was unable to
initiate cancellation until she partially recovered in July 2003.
In support of his request, applicant provided a notarized copy of DD
Form 2656, Survivor Benefit Plan (SBP) Termination Request, and a copy
of a Report on Individual Person.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member was married and elected spouse and child SBP
coverage based on full-retired pay prior to his 1 February 2000
retirement. He was eligible to disenroll between 1 February 2002 and
31 January 2003. DFAS-CL’s records show that the member did not
submit a disenrollment request until 24 July 2003, six months after
the end of the one-year period.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends denial. While the applicant’s wife’s illness
is unfortunate, PL 105-85 contained no provision for waiving or
extending the one-year period authorized to terminate participation.
Information and points of contact are regularly published in the
Afterburner, News for USAF Retired Personnel, reminding retirees of
the one-year opportunity to terminate SBP coverage between the second
and third anniversary following the start of retired pay. Issues of
the Afterburner are mailed to the correspondence address each retiree
provides to the finance center.
Further, the election form which the member signed five months prior
to his retirement, contains a specific statement that retiring members
have been counseled that SBP can be terminated with the spouse’s
written concurrence, within one year after the second anniversary of
commencement of retired pay. Providing this applicant additional time
to terminate his SBP coverage regardless of his wife’s medical
condition would be inequitable to other retirees in similar situations
and is not justified by the facts.
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 17 Oct 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 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 an error or injustice. After a thorough review of
the evidence of record and applicant's submission, we are not
persuaded that the relief requested 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. 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
his burden of having suffered either an error or an injustice.
However, should the applicant provide the Board sufficient
documentation from a medical doctor showing that his wife was
incapacitated during the time in question, the Board would reconsider
his case. 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-
02917 in Executive Session on 27 January 2004 under the provisions of
AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Mike Novel, Member
Ms. Leslie E. Abbott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Aug 03, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 15 Oct 03.
Exhibit C. Letter, SAF/MRBR, dated 17 Oct 03.
JOSEPH A. ROJ
Panel Chair
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