RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01361
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His participation in the Survivor Benefit Plan (SBP) be discontinued.

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APPLICANT CONTENDS THAT:

He called the SBP office twice in the past year checking on the date in which he would be able to cancel the SBP plan.  He was told both times that he would not be able to cancel the plan until 1 Apr 03.  So, he waited and called on 1 Apr 03 to check on what paperwork he would need to fill out in order to cancel the plan.  He was told he would not be able to cancel his plan because he had missed the one-year window of opportunity.

He believes that because of miscounseling, he should be given the opportunity to cancel his plan.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant elected spouse only SBP coverage based on full retired pay prior to his 1 Mar 00 retirement.  He was eligible to disenroll between 1 Mar 02 and 28 Feb 03; however, there is no evidence he requested disenrollment.  On 21 Apr 03, he was asked to complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and provide a properly notarized concurrence statement from his wife; however, he has not responded.

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AIR FORCE EVALUATION:

AFPC/DPPTR reviewed the application and recommended denial.  Public Law (PL) 105-85 provides a one-year period, beginning on the second anniversary of the date of commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation.  Retirees must complete a DD Form 2656-2 and obtain the spouse’s notarized consent.  Disenrollments are effective upon receipt of a properly completed request by DFAS-CL, postmarked not later than the member’s third anniversary of receiving retired pay.  The law does not require the retirees be notified at the beginning of the one-year period and there is no refund of premiums.  If the retiree fails to exercise the disenrollment option during the one-year period, the SBP election is considered permanent and is irrevocable as long as the beneficiary remains eligible.

DPPTR could not confirm or deny the member’s claim that he contacted an SBP office twice in the past year and was given erroneous disenrollment information.  However, the election form, which he signed three months prior to his retirement, contained a specific statement that retiring members have been counseled on the disenrollment option.  Information and points of contact were published in the Afterburner, News for USAF Retired Personnel, reminding retirees of the one-year opportunity to terminate SBP coverage.  Records indicate this official newsletter was mailed to the address where the applicant continues to reside.  PL 105-85 contains no provision for waiving or extending the one-year period authorized to terminate participation.  Providing applicant additional time to terminate his coverage would be inequitable to other retirees in similar situations.

A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 Jul 03 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 timely filed.

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 recommendation of the Air Force office of primary responsibility and adopt their 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 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-2003-01361 in Executive Session on 30 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Apr 03. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 16 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.