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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