RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00631
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 2 SEPTEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) spouse coverage be terminated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was suffering from depression during the time frame he was eligible
to terminate SBP coverage.
In support of his request, the applicant submits copies of his medical
records and a letter from a physician assistant.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married and elected spouse only SBP coverage based
on full retired pay prior to his 1 April 2003 retirement. There is no
evidence the applicant submitted a DD Form 2652-2 during the
disenrollment period.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. DPPRT states the applicant was properly
briefed on the options and effects of the SBP prior to his retirement,
including the disenrollment provision. Furthermore, members are
ultimately responsible for making the election that best meets their
particular situation. Although the applicant provided medical
documents showing he suffered from depression, he did not provide
evidence that he was incapable of making decisions on his financial
and personal affairs during the one-year disenrollment period. The
applicant could have disenrolled with his wife's written concurrence,
beginning 1 April 05 as authorized by PL 105-85. Approval of this
request would provide the applicant an opportunity not afforded to
other retirees. In addition, DPPRT states there is no evidence of an
Air Force error or injustice in this case, and no basis in law to
grant the requested relief.
The complete DPPRT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
20 April 2007 for review and comment within 30 days. As of this date,
this office has received no response (Exhibit C).
_________________________________________________________________
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 an error or injustice. After a thorough review of
the evidence of record and applicant's submission, we are not
persuaded that the member’s records should be corrected to allow him
to terminiate spouse coverage under the SBP. Applicant's contentions
are duly noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force. We therefore agree with the recommendation of the
Air Force and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either an error or an injustice. In view of the above and
absent of persuasive 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-
00631 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-
00631 was considered:
Exhibit A. DD Form 149, dated 14 Feb 2007, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 10 Apr 2007.
Exhibit C. Letter, SAF/MRBR, dated 20 Apr 2007.
KATHY L. BOOCKHOLDT
Panel Chair
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