RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02555
INDEX CODE:137.04
xxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he did not terminate Survivor Benefit Plan
(SBP) participation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 2002, he reluctantly disenrolled his deceased spouse from SBP due to
federal and state income eligibility requirements for Medicaid and the
Arizona Long Term Care System. He believes it would be an injustice to
deny him the right to enroll his present wife in the SBP program.
In support of his appeal, applicant provides a personal statement and a
copy of the Board directive. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 July 2002, the applicant submitted a request to terminate his SBP.
On 21 January 2003, the AFBCMR granted the applicant’s request. For an
accounting of the facts and circumstances surrounding the applicant’s
request, and, the rationale for the earlier decision by the Board, see the
Record of Proceedings at Exhibit D.
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. DPPRT states that guidance for PL 108-375
issued by the Office of Assistant Secretary of Defense stipulates that a
member who discontinues participation under the provisions of PL 105-85,
can not resume participation in SBP for any category of beneficiary during
this open enrollment although the language of the statute does not include
this prohibition. DPPRT advises that to allow the applicant an opportunity
to restore his SBP coverage would be inequitable to other retirees
similarly situated and is not justified by the OASD’s interpretation of the
intent of the law or the evidence presented.
The AFPC/DPPTR complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 9 November
2006 for review and comment within 30 days. As of this date, this office
has not received a response.
_________________________________________________________________
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. After careful consideration of the
applicant's request and the available evidence of record, we find
insufficient evidence of error or injustice to warrant corrective action.
The facts and opinions stated in the advisory opinion appear to be based on
the evidence of record and have not been refuted by the applicant. Absent
persuasive evidence, applicant was denied rights to which entitled,
appropriate regulations were not followed, or appropriate standards were
not applied, we find no basis to disturb the existing record. Accordingly,
we find no 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-2006-02555
in Executive Session on 30 January 2007, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Renee M. Collier, Member
The following documentary evidence pertaining to Docket Number 2006-02555
was considered:
Exhibit A. DD Form 149, dated 18 Aug 06, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 2 Nov 06.
Exhibit C. Letter, SAF/MRBR, dated 9 Nov 06.
Exhibit D. Record of Proceedings, dated 21 Jan 03,
w/Exhibits.
KATHLEEN F. GRAHAM
Panel Chair
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