RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03613
INDEX CODE:137.04
xxxxxxxxxxxxxxxx. COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His election for spouse and child coverage under the Survivor Benefit Plan
(SBP) be terminated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon his retirement, he and his spouse did not elect SBP coverage. Once he
retired, SBP premiums were taken out of his pay and he then resubmitted the
declination form and was told to wait until a decision was made. He and
his spouse do not need this coverage and are losing $86.00 a month which
could be utilized to procure other coverage or fulfill other financial
needs.
The applicant provides no supporting documentation. The applicant’s
complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Records reflect the former member retired effective 31 Jan 00 in the grade
of staff sergeant.
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states that DFAS-CL has no record of
receiving a written request to terminate the applicant's SBP and the
applicant did not provide documentation to support his claim. DPSIAR
states the applicant offers no explanation for his more than seven year
delay in submitting a request for correction. He could have disenrolled
with his wife's written concurrence, during the one-year period as
authorized by PL 105-85, but he failed to do so. The complete AFPC/DPSIAR
evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 8 Feb 08
for review and comment within 30 days. 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; 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 error or injustice. We have reviewed the available evidence
pertaining to the applicant’s assertions relating to his SBP election, and
we are not persuaded that an SBP election termination of spouse and child
coverage is warranted. His contentions in this regard are duly noted;
however, in our opinion, the Air Force office of primary responsibility has
adequately addressed these contentions and we are in agreement with their
recommendation. In view of the above, we find no basis to warrant
favorable consideration of 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-2007-03613
in Executive Session on 26 Jun 08, under the provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Marcia J. Bachman, Member
The following documentary evidence pertaining to Docket Number BC-2007-
03613 was considered:
Exhibit A. DD Form 149, dated 30 Oct 07.
Exhibit B. Letter, AFPC/DPSIAR, dated 25 Jan 08.
Exhibit C. Letter, SAF/MRBR, dated 8 Feb 08.
KATHY L. BOOCKHOLDT
Panel Chair
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