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AF | BCMR | CY2007 | BC-2007-00130
Original file (BC-2007-00130.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00130
            INDEX CODE:  137.03

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 JULY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  show  he  elected  to  terminate  spouse  only
coverage under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His wife has adequate financial resources; he needs the money now.

In support of his request, applicant provided a  DD  Form  2656-6,  Survivor
Benefit Plan Election Change Certificate.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Air Force OPR states a review of the applicant’s  record  indicates  the
member elected spouse only coverage based on  full  retired  pay  (immediate
option) under the Reserve Component SBP (RCSBP) on 5 May 79, after  becoming
eligible to receive retired pay except  for  attaining  age  60.   He  began
receiving retired pay effective 2 Feb 82, his  60th  birthday.   A  thorough
review of Defense Finance and Accounting Service – Cleveland Center’s (DFAS-
CL’s) records did not produce any evidence  the  applicant  submitted  a  DD
form 2656-2 during the disenrollment period.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRT reviewed this application and recommends denial.  They  stated
there is no evidence of an Air Force error or injustice in this case.

An  SBP  election  may  not  be  arbitrarily  terminated  as  long  as   the
beneficiary remains eligible.  Public Law  105-85,  18  Nov  97,  authorized
members, who were retired more than two years as of   17 May 98, a  one-year
window during which they could disenroll from the SBP (17 May 98  –  16  May
99).   Retirees  had  to  complete  a   beneficiary’s   notarized   consent.
Disenrollments were effective the month following the DFAS-CL’s  receipt  of
a properly completed termination form, postmarked not later than 16 May  99.
 There was no refund of premiums.

The member had an opportunity to  disenroll  during  the  98-99  period  and
ample resources to obtain information on correct  disenrollment  procedures.
Information, points of  contact,  as  well  as  the  DD  Form  2656-2,  were
included in the Afterburner, News  for  USAF  Retired  Personnel,  published
during that timeframe and mailed to the member’s correspondence  address  he
had provided to the finance center.  There is no basis in law  to  permit  a
participant to arbitrarily  terminate  spouse  coverage,  and  it  would  be
inequitable to other retirees in  similar  situations,  to  provide  him  an
additional opportunity.

The DPPRT evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 Feb 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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.   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-2007-
00130 in Executive Session on 7 June 2007, under the provisions of  AFI  36-
2603:

      Ms. Kathy L, Boockholdt, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Janet I. Hassan, Member


The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00130 was considered:

    Exhibit A.  DD Form 149, dated 7 Sep 06, w/atch.
    Exhibit B.  Letter, AFPC/DPPRT, dated 16 Feb 07.
    Exhibit C.  Letter, SAF/MRBR, dated 23 Feb 07.




                                             KATHY L. BOOCKHOLDT
                                             Panel Chair

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