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AF | BCMR | CY2008 | BC-2007-03613
Original file (BC-2007-03613.doc) Auto-classification: Denied

                            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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