RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:BC-2003-00646

						COUNSEL:  None

						HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His records be corrected to show he filed a timely election for termination of spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He would like to discontinue SBP for his wife XXXXX.  His wife is presently suffering from Alzheimer’s disease.  Paying the SBP coverage is a waste of money because his wife will not recover from the disease. 

In support of his application, he submits letters from the Chief, Retiree and Family Matters Division, his senator, a personal letter, and consent for release of personal record information.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The member retired and elected spouse only SBP coverage based on full retired pay prior to his 60th birthday (25 August 1976).  The applicant married on 8 October 1942.  

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AIR FORCE EVALUATION:

AFPC/DPPTR reviewed the application and states that while the applicant’s wife illness is unfortunate, there is no basis in law that permits disenrollment based on a beneficiary’s medical condition.  Further, the member had the opportunity to disenroll during the period authorized by PL 105-85 and had ample resources to obtain information on the correct disenrollment procedures.  Information, points of contact, as well as the DD Form 2656-2, were included in the May 1998 issue of the Afterburner, USAF News for Retired Personnel.  That issue, as well as others published during the period, was mailed to the correspondence address each retiree had provided to the finance center.  Records indicate this official newsletter was mailed to the address where he continues to reside.  Permitting this applicant an additional opportunity to terminate SBP coverage would be inequitable to other retirees in similar situations.

There is no evidence of an Air Force error, nor basis in law to approve the petition; therefore, they recommend the request be denied.  However, if the Board’s decision is to grant partial relief, the member’s records should be corrected to show he terminated SBP coverage under the provisions of PL 105-85 effective 17 May 1998.  Approval should be contingent upon the member’s providing a notarized statement from his wife’s physician attesting to her medical condition.

AFPC/DPPTR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 28 March 2003 for review and comment within 30 days. As of this date, no response has been received by this office.

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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 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 an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, the Board agrees with the opinion and recommendation of the Air Force and adopts their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant had the opportunity to disenroll from SBP during the authorized open enrollment period under PL 105-85, but apparently chose not to do so.  The applicant has not shown he was unaware of his right to disenroll from the program.  While it is unfortunate that the applicant's wife is suffering from such a debilitating illness, there are no provisions under law to allow him to terminate SBP based on his wife's medical condition.  In addition, to offer the applicant another opportunity to terminate his coverage would be unfair to other members participating in SBP in similar situations.  Therefore, in the absence of 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 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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00646 in Executive Session on 25 June 2003, under the provisions of AFI 36‑2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 20 Feb 03, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 21 Mar 03.
	Exhibit C.	Letter, SAF/MRBR, dated 28 Mar 03.

					
					Panel Chair