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AF | BCMR | CY2004 | BC-2003-03324
Original file (BC-2003-03324.doc) Auto-classification: Denied





                       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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