RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-04619
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His termination of coverage under the Survivor Benefit Plan (SBP) be
removed.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. When he requested termination of his SBP coverage, there was no
termination of premiums based on age or any provision to stop premiums
after a certain number had been paid.
2. His wife is not eligible for Social Security benefits; therefore he
believes his request for termination is nullified.
3. He has been diagnosed with lung cancer and has been taking radiation
treatments.
In support of his appeal, the applicant provides copies of medical
documents related to his illness.
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Defense Enrollment Eligibility Reporting System (DEERS) records reflect the
applicant and his spouse were married on 29 January 1968 and he elected
spouse and child coverage based on full retired pay prior to his 1 July
1981 retirement. On 16 April 1999, the applicant submitted a valid request
to the Defense Finance Accounting Service-Cleveland (DFAS-CL) under Public
Law 105-85 to terminate his SBP coverage. His wife concurred in the
request and the applicant’s SBP coverage was terminated effective 5 May
1999.
Public Law 105-85, 18 November 1997, authorized members, who were retired
more than two years as of 17 May 1998, a one-year open enrollment period,
during which they could have voluntarily discontinued their participation
in the SBP.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial of the applicant’s request. To allow the
applicant an opportunity to restore his SBP coverage would be inequitable
to other retirees similarly situated, and is not justified by the intent of
the law or the evidence presented.
Public Law 108-375, 28 October 2004, established the phased elimination of
the Social Security Offset (SSO). The SBP originally was a two-tier
program, paying the surviving spouse 55 percent of the base amount before
age 62 (when a surviving spouse normally begins to draw Social Security
payments), and a reduced amount thereafter. On 1 April 2008, the SSO was
fully eliminated.
While it is unfortunate the applicant didn’t like SSO and allegedly based
his decision to terminate SBP coverage on that one feature, the DD Form
2656-2, Survivor Benefit Plan (SBP) Termination Request, he completed,
stressed the potential impact of his disenrolling and included a statement
directly above his signature that reads “I further understand that once I
discontinue SBP, I cannot reenter the Plan.”
The complete AFPC/DPSIAR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response the applicant states that his request for reinstatement was
prompted by the by-product of the changes on the rules introduced recently:
1. Contributions stop at age 70.
2. The number of quarters paid complete.
At the time of his termination request, SBP required a lifetime of
contributions, only stopping when he or his wife died. Continued
participation at that time was a burden on the family’s limited finances;
otherwise they would have continued making payments.
He would appreciate it very much if the Board would remove the termination
request so he could have some benefit. He was diagnosed with cancer, which
he got from his service in Vietnam.
The applicant’s complete response is at Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not 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 took notice of the applicant’s
complete submission in judging the merits of the case; however, we agree
with the opinion and the 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. Therefore,
in the absence of persuasive evidence to the contrary, we find no basis to
recommend granting the relief sought in this application. While we are not
unsympathetic toward the former member's medical condition, in view of the
above, we find no basis on which to favorably consider the applicant’s
request.
________________________________________________________________
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 this application in Executive
Session on 15 Sep 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-2009-04619:
Exhibit A. DD Form 149, dated 10 Dec 09, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIAR, dated 19 Feb 10.
Exhibit C. Letter, SAF/MRBR, dated 5 Mar 10.
Exhibit D. Letter, Applicant, DATED 2 Apr 10.
Panel Chair
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