RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03448
		INDEX CODE:  137.03
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be disenrolled from the Survivor Benefit Plan (SBP).
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APPLICANT CONTENDS THAT:

He relocated in 1994, failed to provide a change of address to the Defense Finance and Accounting Service (DFAS) and he was enrolled in the SBP when he remarried.

In support of his request, the applicant provided a copy of his AF Form 1266 and AF Form 1267, SBP Notification and Concurrence, and Spouse Concurrence Statement.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was married and elected spouse only SBP coverage based on a reduced level of retired pay prior to being placed on the Temporary Disability Retired List (TDRL) effective 11 June 1991.  He was removed from the TDRL and permanently retired for disability effective 17 August 1992.  In February 1998, the member’s disability compensation from the Department of Veterans Affairs (VA) exceeded his retired pay and a direct remittance account was established.  Applicant divorced on 6 July 1998 but failed to notify DFAS-CL of the change in his marital status.  

On 2 April 1999, the applicant remarried, but failed to submit a request to extend SBP coverage to his wife before the first anniversary of their marriage.  His current wife became the eligible spouse beneficiary on 2 April 2002 by operation of law.  The divorce and remarriage became a matter of record July 2002, and DFAS updated the member’s SBP data to reflect his current wife as his eligible spouse beneficiary.
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AIR FORCE EVALUATION:

AFPC/DPPTR reviewed applicant’s request and recommends denial.  DPPTR states that the applicant had ample resources available to learn about his opportunity to not extend SBP coverage following remarriage.  Information and points of contact are regularly published in the Afterburner, News for USAF Retired Personnel, reminding retirees of their options upon remarriage.  Issues of the Afterburner are mailed to the correspondence address each retiree provides to the finance center.  It is each member’s responsibility to notify DFAS-CL of their current correspondence address, regardless of their pay status.  Records indicate that as early as September 2001 issues of the Afterburner have been mailed to the address where the applicant currently resides.  Providing this member additional time to terminate his SBP coverage would be inequitable to other retirees in similar situations and is not justified by the facts.  The DPPTR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 6 December 2002, for review and response.  As of this date, this office has received no response.

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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.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that he should be allowed to disenroll from the Survivor Benefit Plan.  Applicant's contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a material error or an 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.

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The following members of the Board considered Docket Number 02-03448 in Executive Session on 21 January 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 28 Oct 02, w/atchs.
	Exhibit B.	Letter, AFPC/DPPTR, dated 26 Nov 02
	Exhibit C.	Letter, SAF/MRBR, dated 6 Dec 02.