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AF | BCMR | CY2007 | BC-2007-00703
Original file (BC-2007-00703.doc) Auto-classification: Denied






                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00703
                 INDEX CODE:       137.01, 137.04
                 COUNSEL:  NOT INDICATED

                 HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  7 SEP 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  that  he  and  his  spouse  declined
coverage  under  the  Survivor  Benefit  Plan  (SBP)  prior   to   his
retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He and his spouse decided not to participate in the  SBP  program  and
declined coverage.  His  wife  concurred  with  the  decision  not  to
participate in the SBP, but she erroneously signed and  dated  the  DD
Form 2656, Data for Payment of Retired Personnel.

In support of his request, applicant provided a copy of DD Form 2656.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member was married  and  had  an  eligible  child  when  he
retired from Shaw AFB, South Carolina on 1 November 2006.  He declined
SBP coverage, and his wife concurred in his  election.   However,  her
concurrence on the DD Form 2656, was  dated  prior  to  the  date  the
member signed,  which  invalidated  the  election.   This  invalidated
election caused the Defense Finance and Accounting Service  (DFAS)  to
establish spouse and child coverage  based  on  full  retired  pay  to
comply with the law.  On 21 March 2007,  a  letter  was  sent  to  the
applicant requesting he provide a notarized statement  signed  by  his
wife to acknowledge she understands retired pay ceases when  he  dies,
and approval of his
request would result in her receiving no monetary benefit from the Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial.  There is no  evidence  of  error  or
injustice in this case  and  we  recommend  the  requested  relief  be
denied.  The applicant has failed to respond to the  request  that  he
provide a notarized statement signed by his wife declining coverage.

The DPPTR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 4 May 2007, for review and response.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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 an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant's  submission,  we  are  not
persuaded that the relief requested should  be  granted.   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.
However, should the applicant provide the Board a notarized  statement
from his spouse declining coverage  the  Board  would  reconsider  his
case.  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 an material error or an  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-
00703 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 was considered:

   Exhibit A.  DD Form 149, dated 23 Feb 07, w/atchs.
   Exhibit B.  Applicant’s Mater Personnel Records.
   Exhibit C.  Memo, HQ AFPC/DPPTR, dated 26 Apr 07.
   Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.





                                   KATHY L. BOOCKHOLDT
                                   Panel Chair


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