RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00664
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
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 never received an SBP briefing and there is no signed SBP form in
his records.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married and had dependent children, but failed to
complete a valid SBP election prior to his 1 July 1994 retirement.
Consequently, the Defense Finance and Accounting Service (DFAS)
established automatic coverage based on full retired pay to comply
with the law.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. DPPTR states although the member claims
he did not receive an SBP briefing, he had ample opportunity to obtain
information about correcting or disenrolling from SBP yet he waited
ten years to submit a request. Public Law (PL) 105-85 afforded the
member the opportunity to disenroll from SBP but there is no evidence
he submitted a request during the permitted time period.
Additionally, the May 1998 issue of the Afterburner, News for USAF
Retired Personnel, included information, points of contact to obtain
guidance on disenrollment procedures as well as the required form.
This issue of the AFTERBURNER was mailed to the address the retiree
had provided to DFAS. To provide this member an additional
opportunity to terminate SBP coverage is not merited, and would be
inequitable to other retirees in similar situations and is not
justified by the facts.
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 March 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, 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. Notwithstanding the fact he waited ten years to
request termination based on not receiving an SBP briefing, several
other opportunities were available during that time frame with which
he could have requested the desired change but failed 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.
_________________________________________________________________
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-
2005-00664 in Executive Session on 7 July 2005, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Marcia Jean Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Feb 05.
Exhibit B. Letter, AFPC/DPPTR, dated 22 Mar 05.
Exhibit C. Letter, SAF/MRBR, dated 25 Mar 05.
MICHAEL J. NOVEL
Panel Chair
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