RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03782
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to allow him to void his request to
disenroll from the Survivor Benefit Plan (SBP) made under the
provisions of Public Law (PL) 105-85 and permit him to reinstate SBP
coverage for his wife.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he retired he elected to participate in SBP. During 2001, he
discovered the SBP coverage was based on social security benefits that
he considered unjust. Now that this offset has been removed he would
like to re-enroll with the understanding that missed premiums would
have to be made up.
In support of his appeal, the applicant has provided a personal
statement, and copies of his prior SBP termination application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was married and elected spouse and child SBP coverage based
on a reduced level of retired pay prior to his 1 December 1973
retirement. The youngest child lost eligibility in August 1987. He
submitted a valid request to terminate his SBP coverage under the
provisions of PL 105-85 on 24 July 1998. His coverage was terminated
effective 1 August 1998.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends denial. While the change to PL 108-375, 28
October 2004, eliminates the age 62 reduction to the SBP, the
disenrollment form the applicant signed clearly states that once he
discontinues SBP coverage, he cannot reenter the plan. DPPTR notes
approval of his request would provide the applicant an opportunity not
afforded other retirees and is not justified. Further, there is no
evidence of error on injustice in this case.
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 7
January 2005 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, the majority of the Board agrees with the opinion and
recommendation of the Air Force office of primary responsibility and
adopts its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, the majority of
the Board can find no compelling basis to recommend granting the
relief sought in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2004-03782 in Executive Session on 8 March 2005, under the provisions
of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Christopher D. Carey, Member
By a majority vote, the Board voted to deny the request. Mr. Peterson
voted to correct the record but does not desire to submit a minority
report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 29 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 7 Jan 05.
RICHARD A. PETERSON
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the
applicant had not provided sufficient evidence of error or injustice
and recommended the case be denied. I concur with that finding and
their conclusion that relief is not warranted. Accordingly, I accept
their recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2006 | BC-2005-03820
On 11 March 1999, the applicant submitted a request to terminate his SBP coverage under the provisions of PL 105-85. PL 108-375 authorized an open enrollment period from 1 October 2005 through 30 September 2006 to enroll in SBP, but the law stipulates that servicemembers who terminated coverage under the provisions of PL 105-85 can not renter the program. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
AF | BCMR | CY2002 | BC-2002-00895
To provide the applicant additional time to terminate his SBP coverage would be unfair to other members in similar situations, therefore they recommend denying the applicant’s request. On 22 Aug 02, the AFBCMR Staff, at the request of the Board, forwarded a letter to the applicant requesting he provide information regarding if guardianship has been established for his wife and clarification if the income requirement was regulated by state law or was it a policy of an agency within the state...
AF | BCMR | CY2004 | BC-2004-02108
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states that Public Law (PL) 99-145 requires spouses of married servicemembers to concur in writing, prior to the servicemember’s retirement, in SBP elections that provide less than full spouse coverage. DPPTR further states SBP elections can not be arbitrarily terminated as long there are eligible beneficiaries; however, PL 105-85, effective 18 November 1997, authorized retired servicemembers...
AF | BCMR | CY2004 | BC-2003-04100
_________________________________________________________________ STATEMENT OF FACTS: Public Law (PL) 99-145 requires spouses of married servicemembers to concur in writing prior to the servicemember’s retirement, in the SBP election that provides less than full spouse coverage. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states the applicant contends the finance center did not have her husband’s information to process an election. ...
DFAS has no record of the applicant submitting a valid SBP disenrollment request during the authorized timeframe to submit a request to terminate his enrollment in SBP. In this respect, PL 105-85 provides a one-year window of opportunity to disenroll from the SBP provided the service member submits a completed DD Form 2656-2, with the notarized signature of the beneficiary concurring with the termination of the SBP. _________________________________________________________________ The...
AF | BCMR | CY2004 | BC-2004-00042
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPTR recommends the application be denied. We, therefore, 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 that he has suffered either an error or an injustice. _________________________________________________________________ The...
_________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant was married and elected child only SBP coverage based on full retired pay prior to his 12 May 83 disability retirement. If a member withdraws under this provision, there is no immediate refund of premiums; however, applicable spouse premiums paid by the member can be refunded to the spouse following the member’s death. ...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-03290 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her husband's records be corrected to show she is entitled to a Survivor Benefit Plan (SBP) annuity. After reviewing the evidence of record, the majority of the Board is not persuaded that the applicant has been the victim of an error or injustice. ...
STATEMENT OF FACTS: When a member fails to complete a valid SBP election prior to retirement, the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) automatically establishes coverage for all the retiree’s eligible beneficiaries by operation of law. AIR FORCE EVALUATION: The Chief, Retiree Activities Branch, HQ AFPC/DPPTR, advises that the applicant’s SBP coverage was established by DFAS-CL in accordance with the law, but could have been corrected administratively at the...
AF | BCMR | CY2003 | BC-2003-00646
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER:BC-2003-00646 COUNSEL: None HEARING DESIRED: No ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he filed a timely election for termination of spouse coverage under the Survivor Benefit Plan (SBP). _____________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR reviewed the...