RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-03718
INDEX CODE:  137.04
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXXXX				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Her records be corrected to allow her to withdraw from participation in the Supplemental Survivor Benefit Plan (SSBP) and all monies paid be refunded.

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APPLICANT CONTENDS THAT:

She was not provided adequate counsel or information to make the proper decision concerning SSBP at the time she was forced to make an election.  The excessive premiums present a hardship upon her and her spouse.  

In support of her application, the applicant provided a copy of her retirement leave and earnings statement and documentation showing her enrollment date in the program.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired from the Air Force Reserve on 18 August 2003 at the age of 60, in the rank of lieutenant colonel.  The applicant elected SSBP coverage on 3 April 1992 for option C (immediate annuity) for spouse only with 20% supplemental.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.  

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AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS states that the applicant was sent an information package, including an explanation of the SSBP option, during the April 1992 through March 1993 open enrollment period.  The applicant requested to participate in the SSBP option and elected option C (immediate annuity) for spouse only with 20% supplemental.  The election the applicant made effective 1 April 1992 is irrevocable.  Under Title 10 U.S.C., there is no provision where a member can change an election after 30 days of initial election.  Under Title 10 U.S.C., Section 1448a, the applicant may elect, between her second and third anniversary of drawing retired pay, to discontinue coverage.  

DPS states that the records do not show the applicant was improperly counseled or misinformed.  The DPS evaluation 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 19 December 2003 for review and comment within 30 days (Exhibit D).  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 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 error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant has been the victim of an error or injustice.  Evidence provided indicates the applicant chose to elect spouse SSBP coverage on 3 April 1992 for Option C (immediate annuity) for spouse only with 20% supplemental.  The applicant has not provided any evidence that would lead us to believe that the SSBP information provided, at the time of her election, was misleading or inaccurate.  Therefore, in the absence of evidence to the contrary, 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.  Accordingly, 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 in Executive Session on 27 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2003-03718:

	Exhibit A.  DD Form 149, dated 29 Oct 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPS, dated 15 Dec 03.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.