RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03862
            INDEX CODE:  137.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to allow him to withdraw from participation  in
the Supplemental Survivor Benefit Plan (SSBP) and all monies  paid  be
refunded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He initiated DD Form 2656, declining SSBP, on 6 August 2003.   He  was
counseled by an HQ AF Reserve (AFRES) representative to elect coverage
on full gross pay without supplemental SBP.  He contends  he  faxed  a
copy of the DD Form 2656 to US Military Retirement Pay in  London,  KY
to cancel the supplemental SBP deduction.  To date, the deduction  has
not been cancelled.  He states he was not counseled or advised of  the
cost or impact of the original declaration of SSBP coverage  in  1992.
He holds himself harmless and requests the  SSBP  be  terminated.   He
wishes to continue the “spouse only” coverage.  He reiterates  he  was
never counseled or  advised  of  the  monetary  deduction  involved  -
$114.24, monthly, from his retired pay.

In support of his appeal, the applicant has provided a copy of the fax
he sent to the military retired pay center at London, KY.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Air  Force  Reserve  in  the  grade  of
Senior Master Sergeant and transferred to the retired  reserve  on  11
September 2003.  On completing 20 years of  satisfactory  service,  he
received his initial Reserve Component SBP (RCSBP)  package  and  made
his election, which included acceptance of Supplemental RCSBP,  on  17
June 1992.

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AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS notes the  applicant’s  complaint  of
confusing instructions when he made his election and states the  cover
letter of his package clearly explained the program options as well as
contact information at HQ ARPC should  he  have  any  questions.   DPS
notes he had two opportunities to change his election (within 30  days
of making his election and again between his second and third year  of
coverage) and failed to do  so.   Therefore,  his  RCSBP  election  is
considered  irrevocable.   Records  do  not  show  he  was  improperly
counseled or misinformed.  Under Title 10 U.S.C.,  Section  1448a,  he
may elect, between his 2nd and 3rd anniversary of drawing retired pay,
to discontinue coverage under RCSBP.

ARPC/DPS’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he made no decision after 20  years  of  service,  as
indicated by paragraph 3(a) of the advisory.  He states he obtained 20
good years in August 1982.  He spent 1986  defending  his  country  at
Bien Hoa Air Base, Republic of South Vietnam.   Additionally,  he  has
served the Department of the Air Force for 41 years, 4 months  and  11
days, including the Regular Air Force,  Air  National  Guard,  and  AF
Reserve and as a civil servant.  He retired January 2004 and is  on  a
fixed income.

An  AF  Reserve  consultant  informed  him  that,  when  applying  for
retirement pay, he would be able to decline the supplemental  coverage
of SBP on his final application.  He did this  but  noticed  when  his
retirement pay began that $114.00 was being withheld.  He had no  idea
his prior election in 1992 would  be  withheld  even  after  he  later
declined the coverage.  He was not counseled or advised of this by any
representative of the Air Force.  He requests  he  be  withdrawn  from
participation in the supplemental benefit portion of  RCSBP  only  and
that all money withdrawn from his retirement pay to date be reimbursed
to him.

Applicant’s complete response is at Exhibit E.

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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 an error  or  an  injustice  to  warrant  terminating
applicant’s participation in the Supplemental portion of the  Survivor
Benefit Program (SSBP).  After a thorough review
of the evidence of record and the applicant’s submission, we  are  not
persuaded that he has been  the  victim  of  either  an  error  or  an
injustice.  Applicant’s contentions are duly noted; however, we do not
find these uncorroborated assertions  of  miscounselling,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  Based on the above  findings,  we  agree  with  the
recommendations of the Air Force and adopt the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered  either  an  error  or  an  injustice.
Therefore, in the absence persuasive evidence to the contrary, 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 AFBCMR Docket Number BC-
2003-03862 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 5 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPS, dated 5 Dec 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit E.  Letter, Applicant, dated 13 Jan 04.




                                   ROSCOE HINTON, JR
                                   Panel Chair