RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01798
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 6 DECEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow him to terminate his spouse and child
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not have a chance to elect not to participate in the SBP.
In support of his request, applicant provided a DD Form 2656, Data for
Payment of Retired Personnel, dated 23 May 07.
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 was married and had an eligible child when he retired from the Air
Force on 1 Apr 07. He failed to attend the mandatory SBP briefing and did
not complete an SBP election prior to the effective date of his retirement.
Absent a valid election, Defense Finance and Accounting Service –
Cleveland Center (DFAS-CL) established spouse and child coverage based on
full retired pay to comply with the law. The applicant contacted DPPRT
when he learned that premiums were being deducted from his retired pay. He
and his wife were briefed by the Nellis SBP counselor and completed a DD
Form 2656, declining SBP coverage.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT reviewed this application and recommends denial. There is no
evidence of error or injustice in this case. Each person is required to
attend a one-on-one SBP briefing given by an SBP counselor prior to their
retirement. Records reflect that the SBP counselor at Nellis AFB NV
contacted the applicant on several occasions and scheduled appointments on
31 Oct 06, 16 Nov 06, 6 Jan 07, and 2 Feb 07, none of which he attended.
The member’s failure to keep scheduled appointments and follow base out-
processing procedures resulted in his automatic enrollment in the SBP.
Approval of this request would provide the applicant an opportunity not
afforded other retirees. The applicant may exercise his option to
terminate SBP coverage during the one-year period authorized by PL 105-85,
beginning on 1 Apr 09.
Public Law (PL) 99-145 requires spouses of married members to concur in
writing, prior to the member’s effective date of retirement, with SBP
elections that provide less than full spouse coverage. PL 105-85, 18 Nov
97, provides for a one-year period beginning on the 25th month following
commencement of retired pay, during which SBP participants may choose to
voluntarily discontinue their participation. If the retiree fails to
exercise the disenrollment option during the one-year eligibility period,
the SBP election is considered permanent and is irrevocable as long as the
beneficiary remains eligible.
When a member fails to complete a valid SBP selection prior to retirement,
coverage is established for all eligible beneficiaries by operation of law.
The DPPRT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 Jul 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. However,
the applicant will have an opportunity to discontinue participation in the
SBP at any time during the one-year period authorized by PL 105-85,
beginning on the second anniversary of his receipt of retired pay (1 Apr
09). Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
01798 in Executive Session on 26 September 2007, under the provisions of
AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence pertaining to Docket Number BC-2007-
01798 was considered:
Exhibit A. DD Form 149, dated 23 May 07, w/atch.
Exhibit B. Letter, AFPC/DPPRT, dated 21 Jun 07.
Exhibit C. Letter, SAF/MRBR, dated 3 Jul 07.
KATHLEEN F. GRAHAM
Panel Chair
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