RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
00657
                                             INDEX CODE:  137.03

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  3 SEPTEMBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he disenrolled  from  the  Reserve
Component Survivor Benefit Plan (RCSBP)  under  the  provisions  of
Public Law (PL) 105-85.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He submitted the  DD  Form  2656-2,  Survivor  Benefit  Plan  (SBP)
Termination Request, in 1998.  He was  advised  by  CBPO  personnel
that his submission was timely.  He learned much  later  about  the
25th through the 36th month rule, after various e-mails.

It was obviously his intention to terminate SBP.   He  relied  upon
good advice from someone who was knowledgeable and who should  have
known the procedures.

In support of his appeal, applicant provides a copy of his DD  Form
2656-2, dated 30 Jun 98.

His complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The Air Force indicated the member elected  RCSBP  spouse  coverage
based on full  retired  pay  (immediate  option)  at  the  time  he
completed his service obligation (9 Nov 91).  He  attained  age  60
and began to receive retired pay  on  19  Feb  98.   The  applicant
provided a copy of the DD Form 2656-2 dated 30 Jun 98.  However, he
did not become eligible to disenroll until 19 Mar 00.

___________________________________________________________________


AIR FORCE EVALUATION:

HQ AFPC/DPPRT reviewed this application and recommended denial.

Item 1, of the “General Instructions” on the front of the  DD  Form
2656-2, clearly and  specifically  state  that  a  participant  may
discontinue participation during the 25th through  the  36th  month
after commencement of retired pay.  DPPRT can neither  confirm  nor
disprove the member’s claim that staff at an unidentified Air Force
personnel  office  may  have  given  him   incorrect   information.
Nevertheless, the applicant used the correct form,  but  failed  to
follow the directions plainly, visibly and unmistakably printed  in
the form’s instructions.  Furthermore, points of contact to  obtain
additional information were included in the May  98  issue  of  the
Afterburner, News for USAF Retired Personnel, the issue  containing
the disenrollment form used by the applicant.  The applicant became
eligible to disenroll between his 62nd and 63rd birthday, but there
is no  evidence  that  he  submitted  a  subsequent  request.   The
petitioner offers no explanation for his  failure  for  over  eight
years  to  question  the  unwanted  RCSBP  premiums  DFAS  properly
continues to deduct from his retired pay.

PL 105-85, 18 Nov 97, provides a one-year period beginning  on  the
25th month following commencement  of  retired  pay,  during  which
RCSBP participants may  choose  to  voluntarily  discontinue  their
participation.  To disenroll, a member has  to  submit  a  properly
completed DD Form 2656-2, to the  Defense  Finance  and  Accounting
Service – Cleveland Center (DFAS-CL) with  the  spouse’s  notarized
consent.  Withdrawals are effective the month  following  DFAS-CL’s
receipt of a valid request.  To  be  valid,  requests  have  to  be
postmarked  not  later  than  the  member’s  third  anniversary  of
receiving retired pay.   If  the  retiree  fails  to  exercise  the
disenrollment option during the one-year  eligibility  period,  the
RCSBP election is considered permanent and is irrevocable  as  long
as the beneficiary remains eligible.

If the Board’s decision is to grant partial  relief,  the  member’s
record should be corrected to  reflect  he  disenrolled  under  the
provisions of PL 105-85, effective 1 Jun 98.   Approval  should  be
contingent upon the member providing a notarized statement from his
wife concurring in the permanent revocation  of  her  SBP  coverage
currently in effect.

The complete Air Force evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He should have been notified by the Air Force  about  the  untimely
submission of his request.  He then would have had  ample  time  to
resubmit the proper paperwork before his 63rd birthday.  He  waited
for too long after it became obvious  that  his  request  had  been
denied.  It was not until after he retired from  his  civilian  job
that he had time to spend on matters like these.   He  didn’t  need
RCSBP in 1998, and he doesn’t need it now.

Applicant provided a statement from his spouse, concurring with his
request to terminate RCSBP.

Applicant’s complete response, with attachment, is at Exhibit D.

___________________________________________________________________

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.  While it  appears  the  applicant
was aware of his opportunity to disenroll from the SBP program;  he
mistakably submitted his election  form  outside  of  the  one-year
window of eligibility.   Further,  it  was  his  responsibility  to
resubmit the required paperwork at the appropriate time.   We  find
no evidence that he resubmitted the disenrollment paperwork  during
the one-year period of eligibility.  We note that  the  applicant’s
spouse has  submitted  a  statement  concurring  in  the  permanent
revocation of her SBP coverage currently in  effect;  however,  the
eligibility period for this action was between the  25th  and  36th
month following the effective date of his retirement.    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 Docket Number BC-2006-
00657 in Executive Session on 15 June 2006, under the provisions of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 06, w/atch.
    Exhibit B.  Letter, AFPC/DPPRT, dated 23 Mar 06.
    Exhibit C.  Letter, SAF/MRBR, dated 31 Mar 06.
    Exhibit D.  Letter, Applicant, dated 10 Apr 06, w/atch.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair