RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03076
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to allow him to terminate spouse and child
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was encouraged to sign up for SBP with the understanding that once
he returned to the United States he could drop SBP. Upon his arrival
at Bergstrom AFB, he found he was not allowed to terminate his
coverage. He contends had he been told the truth, he would not have
signed up for SBP and has spent several years trying to terminate his
coverage and recoup his premiums.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant elected spouse and child coverage based on full retired pay
prior to his 1 June 1982 retirement. Public Law (PL) 105-85, 18
November 1997, allowed him to terminate his coverage between 17 May
1998 and 16 May 1999 on providing a DD Form 2656-2, SBP Termination
Request, with the beneficiary’s notarized consent. There is no
evidence he submitted a valid request. The May 98 issue of the
Afterburner, News for USAF Retired Personnel, contained information on
the disenrollment opportunity and was mailed to the applicant’s
correspondence address.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. DPPTR states the applicant was able to
make the requested change to his SBP election at anytime prior to the
effective date of his retirement. DPPTR contends he may have been
told he could terminate coverage on his return to the U.S., and he
misunderstood that he would have to make the change prior to his
retirement. There is no evidence of Air Force error or injustice in
this case. Should the applicant be given additional time to terminate
his SBP coverage, it would be unfair to other retirees in similar
situations and is not justified.
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 5
November 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. He had at least two opportunities to disenroll
from the program but failed both times to do so. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-
2004-03076 in Executive Session on 30 March 2005, under the provisions
of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Michael K. Gallogly, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Aug 04, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 1 Nov 04
Exhibit C. Letter, SAF/MRBR, dated 5 Nov 04.
KATHLEEN F. GRAHAM
Panel Chair
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