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AF | BCMR | CY2005 | BC-2004-03782
Original file (BC-2004-03782.doc) Auto-classification: Denied

                       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


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