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AF | BCMR | CY2004 | BC-2004-00954
Original file (BC-2004-00954.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00954
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken that  would  allow  him  to  terminate  his
spouse and child coverage under the Survivor Benefit Plan  (SBP).   He
didn’t sign up for the coverage  and  does  not  want  to.   He  wants
reimbursement of all premiums paid into the plan.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He experienced an accelerated retirement  and  consequently,  was  not
told to schedule an SBP briefing.  Therefore the SBP appointment never
took place.  He did not elect SBP coverage and does want it.

In support of his appeal, the  applicant  has  provided  paperwork  he
received from HQ AFPC/DPPTR.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired effective 1 February 2004 and  had  an  eligible
spouse and child at the time.   He  did  not  complete  the  documents
necessary to properly establish his retired pay account, including any
desired SBP coverage.  Therefore, spouse and child coverage, based  on
full, retired pay, was established in accordance with public law.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR states they sent two  letters  to
the applicant, dated 25 March 2004 and 7 May 2004, and  he  failed  to
respond to either.  The letters offered him a full SBP briefing and  a
DD Form 2656, Data for Payment  of  Retired  Personnel,  that  had  he
completed and returned with a  notarized  statement  from  his  spouse
indicating her knowledge and acceptance of  the  fact  that  upon  his
death, she would not receive any monetary benefit from the Air  Force.


DPPTR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
25 June 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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertion of retiring too quickly to attend an
SBP briefing, in and by itself, sufficiently  persuasive  to  override
the rationale provided by the Air Force.  Additionally, it appears  he
has not responded  to  Air  Force  office  of  primary  responsibility
requests for information in order to help him.   Therefore,  we  agree
with the opinion and recommendation of the Air Force office of primary
responsibility 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  injustice.   Should  he  provide  the
appropriate documents, including a notarized statement signed  by  his
spouse acknowledging she understands retired pay ceases when  he  dies
and that approval of his request would  provide  no  monetary  benefit
from the Air Force upon his death, we would  reconsider  his  request.
In the interim however, and in the absence 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 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-
2004-00954 in Executive  Session  on  24  September  2004,  under  the
provisions of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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