RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00042
					    (Case 2)
		INDEX CODE: 137.00, 137.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Corrective action that would allow him to terminate spouse and child coverage under the Survivor Benefit Plan (SBP).
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APPLICANT CONTENDS THAT:

In April 2003, at the time of his initial out-processing, he elected SBP coverage.  He was put on medical hold, his retirement date was changed, his out-processing was abbreviated and his SBP election was not reaccomplished.

No supporting documents were submitted.  The applicant’s complete submission is at Exhibit A.
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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) reveals the applicant’s Total Active Federal Military Service Date (TAFMSD) as 13 June 1983.  He was promoted to the grade of technical sergeant (E-6), with an effective date and date of rank of 1 September 2000.  His application for voluntary retirement for years of service was approved and the applicant’s established date of separation (DOS) was 31 July 2003, with a retirement date of 1 August 2003.
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AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends the application be denied.  DPPTR states that, on 6 March 2003, the applicant made a valid SBP election at Maxwell AFB, AL, for spouse and child coverage based on full retired pay, prior to his retirement.  Since he elected maximum spouse coverage, his wife’s concurrence was not required.  Subsequent to the applicant receiving a one-on-one SBP briefing, records reflect that the SBP counselor at Maxwell AFB contacted his home on 18 July 2003, prior to the applicant returning to Maxwell AFB, and stressed that it was very important to return to the SBP office to amend his original election form prior to his new date of retirement.  The applicant did not respond to the recommendation.  The applicant may disenroll, with his wife’s written concurrence, during the one-year period beginning 1 August 2005 as authorized by PL 105-85.  There is no evidence of an Air Force error or injustice in this case.  The HQ AFPC/DPPTR evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 13 February 2004 for review and response.  As of this date, no response has been received by this office (Exhibit C).
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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.  After a thorough review of the evidence of record and applicant’s submission, we are unpersuaded that he should be allowed to terminate spouse and child coverage under the SBP.  His contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  In this respect, we note that the applicant had an opportunity to amend his original election form prior to his new date of retirement, but failed to complete the required form.  We, therefore, agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  In addition, we note the applicant will have an opportunity to disenroll with his wife’s written concurrence during the one-year period beginning on 1 August 2005 if he so desires.  In view of the above and absent 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 in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-00042.

   Exhibit A.  DD Form 149, dated 29 Dec 03.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 6 Feb 04.
   Exhibit C.  Letter, SAF/MRBR, dated 13 Feb 04.

                                                                      Panel Chair