RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03324
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be changed to reflect termination of spouse coverage under
the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her original retirement date was 1 November 2001, but due to 9/11 (11
September 2001) and a subsequent Stop-Loss action by the Air Force,
she was unable to retire. At that time, she was not married and had
elected Non-Coverage for SBP. She was married on 21 November 2001 but
never completed another form for SBP coverage. She would like for her
original election of non-coverage to be noted. She retired effective
1 January 2003.
In support of her appeal, the applicant has provided copies of her
retirement order, a letter from HQ AFPC/DPPTR requesting SBP
documentation from the applicant regarding her election and her
spouse, with attachments.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was to retire effective 1 November 2001. Due to a stop-
loss action her retirement was suspended. She was married on 21
November 2001. Her retirement date was reestablished as 31 December
2002, effective 1 January 2003. She was briefed on her SBP options on
5 June 2002. There is no evidence she completed a valid SBP election
prior to 1 January 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. DPPTR provides documentation showing
the applicant was briefed prior to her second retirement
date of her obligation to make an SBP election - especially since she
had married. DPPTR notes that there is no evidence to show she made
any election prior to retirement. DPPTR notes her claim of electing
non-coverage at her pre stop-loss retirement out-processing but can
find no evidence of that event. Defense Finance and Accounting
Service (DFAS) defaults to full spouse coverage when the member makes
no election. On 30 October 2003, in response to her AFBCMR
application, DPPTR asked her to provide a notarized statement from her
husband indicating that he understood he would receive no benefit in
the event of the applicant’s death. Applicant has not responded.
DPPTR states the applicant, under the law, will have the opportunity
to exercise her option to cancel or terminate all SBP participation
beginning 1 January 2005.
DPPTR’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9
January 2004 for review and comment within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. We do note that she will have the opportunity
to disenroll from SBP between the second and third year of her
receiving retired pay. 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 AFBCMR Docket Number BC-
2003-03324 in Executive Session on 14 April 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Michael J. Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 23 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
ROSCOE HINTON, JR
Panel Chair
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