RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01630
INDEX CODE: 137.00
COUNSEL: GORDON N. SHAYNE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to terminate spouse-only coverage under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His wife has relocated and broken off all contact with him since January
2007. As of 21 April 2007, the local police have refused to file a missing
persons report.
In support of his request, the applicant provided a Retiree Monthly Account
Statement and Tax documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the Defense Enrollment Eligibility Reporting System (DEERS),
the applicant married on 9 August 1986. He elected spouse only SBP
coverage based on full-retired pay prior to his 1 April 2001 retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. DPPRT states an SBP election may not be
arbitrarily terminated as long as the beneficiary remains eligible. Public
Law 105-85 (18 November 1997) authorized members, who retire on or after 17
May 1998, a one-year window during which they could disenroll from the SBP,
beginning on the 25th and ending on the 36th month following receipt of
retired pay. Retirees must complete a DD Form 2656-2, Survivor Benefit
Plan (SBP) Termination Request, and obtain the spouse’s notarized consent.
Disenrollments are effective the month following the Defense Finance and
Accounting Service – Cleveland Center’s (DFAS-CL) receipt of a properly
completed request, which must have been postmarked not later than the end
of the 36th month following the effective date of retirement. The law does
not require DFAS-CL to individually notify retirees of their option to
disenroll during the one-year period and there is no refund of premiums.
It is unfortunate the applicant’s wife has relocated, but there is no
provision in PL 105-85 to waive the covered spouse’s concurrence or that
permits disenrollment based on a missing spouse. Further, the applicant
had the opportunity and ample resources to obtain information on the
correct disenrollment procedures. Finally, the election form which the
applicant signed five months prior to his retirement contains a specific
statement that retiring members have been counseled on the termination
provision. Providing this applicant additional time to terminate his SBP
coverage, regardless of his wife’s whereabouts, would be inequitable to
other retirees in similar situations, and is not justified by the facts.
There is no evidence of an Air Force error or basis in law to approve this
petition.
AFPC/DPPRT’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 September 2007, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit C). 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. The applicant’s contentions are duly
noted; however, we agree with the opinion and recommendation of the office
of primary responsibility and adopt its rationale as the basis for our
conclusion that the applicant has failed to sustain his burden of proof of
the existence of either an error or injustice. Therefore, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or an injustice; the application was denied
without a personal appearance; and 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 AFBCMR Docket Number BC-2007-
01630 in Executive Session on 14 February 2008, under the provisions of AFI
36-2603:
Ms. Marcia Jane Bachman, Acting Panel Chair
Ms. Janet I. Hassan, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 May 2007, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 13 July 2007.
Exhibit C. Letter, SAF/MRBR, dated 14 September 2007.
MARCIA JANE BACHMAN
Acting Panel Chair
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