RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01495
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Corrective action be taken that would allow him to change his spouse and child to child only coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

At this time, this mistake is affecting his retirement pay amount due to an automatic computer transaction.

In support of the appeal, applicant submits two copies of his DD Form 2656, Data for Payment of Retired Personnel, and a copy of DPPTR’s letter date 1 May 2003 with the concurrence statement.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant was married and had an eligible child when he retired from Buckley AFB, CO, effective 1 October 2002.  He did not complete the documents necessary to properly establish his retired pay account (including an SBP election form) until after his retirement date; therefore, spouse and child coverage based on full retired pay was established to comply with the law.

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AIR FORCE EVALUATION:

AFPC/DPPTR states that the applicant has failed to respond to their 1 May 2003 letter requesting he obtain a notarized statement signed by his wife to acknowledge she understands retired pay ceases when the member dies, and approval of his request would result in her receiving no monetary benefit from the Air Force upon the applicant’s death.  Approval of this request, even with the wife’s properly completed concurrence form, would provide the member an opportunity not afforded other retirees and is not justified.  The applicant may exercise his option under PL 105-85 to terminate all SBP participation beginning on 1 October 2004.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 July 2003, copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.

Applicant's complete response is attached at Exhibit E.

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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 and adopt their rationale as the basis for the 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 this application, BC-2003-01495, 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 20 Apr 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPTR, dated 1 Jul 03.
	Exhibit D.	Letter, SAF/MRBR, dated 3 Jul 03.

					
					Panel Chair