RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01479
		INDEX CODE:  137.03
 		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

She and her spouse were led to believe that upon her death, her husband would receive 55 percent of her retired pay regardless of age.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was married and on 31 October 2002, made a valid SBP election for spouse only coverage based on full-retired pay, prior to her 1 January 2003 retirement.  Since she elected maximum spouse coverage, her husband’s concurrence was not required.

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AIR FORCE EVALUATION:

AFPC/DPPTR reviewed applicant’s request and recommends denial.  Each person attends a one-on-one SBP briefing given by an SBP counselor prior to their retirement and part of that briefing addresses the annuity reduction at age 62 from 55 percent to 35 percent and the one-year disenrollment opportunity.  Even though we can neither deny nor confirm the member’s claim of miscounselling, by signing the SBP election form she acknowledged that she fully understood the election she made.  The applicant may disenroll with her husband’s written concurrence, during the 
one-year period beginning 1 January 2005, as authorized by PL 

105-85.  Approval of this request would provide the applicant an opportunity not afforded other retirees.

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 3 June 2003, 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 she 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 her burden of having suffered either an error or an injustice.  In view of the above and absent of 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 an 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 BC-2003-01479 in Executive Session on 30 September 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 19 Apr 03.
	Exhibit B.	Letter, AFPC/DPPTR, dated 30 May 03
	Exhibit C.	Letter, SAF/MRBR, dated 3 Jun 03.

	
	Panel Chair