RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00275
		INDEX CODE:  137.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) election, made on 23 July 1986, be changed from full SBP coverage to cover the period between December 1997 and 28 October 2003 only.

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APPLICANT CONTENDS THAT:

He was miscounseled in 1986.  His intention was to cover the years between the times he left the Air National Guard (ANG), in December 1997, until his 60th birthday, 28 October 2003.  He wanted SBP coverage only until his 60th birthday.  He assumed this is what he signed for in 1986.  As a backup, his wife and he signed and had witnessed blocks 26, 29, 30, and 31 on the DD 2656 that he sent in early October 2003.  It has always been his plan to cover his survivors through a private, whole-life policy for the long term.

In support of his appeal, the applicant has provided a copy of the DD Form 2656, Data for Payment of Retired Personnel.  

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired from the Washington Air National Guard on 22 December 1997 in the grade of Colonel.  He was eligible to participate in the SBP program on 10 December 1985.  There is no evidence the applicant made an election at that time.  During an open enrollment season from 1 March 1999 to 28 February 2000, he elected Option C, annuity for spouse only, based on full, retired pay on 25 June 1999.  

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AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS notes the applicant’s claim he was not counseled on the amount it would cost to participate in 

the Reserve Component SBP (RCSBP).  DPS states the RCSBP package sent to the member explained how to compute the cost.  Examples were also included in the package to show the member how to perform the computations.  Under Title 10 U.S.C., Section 1448a, he may elect, between his 2nd and 3rd anniversary of drawing retired pay, to discontinue coverage under RCSBP.

DPS’s complete 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 13 February 2004 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 an 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.  We note he will have the opportunity to disenroll between the second and third anniversary of drawing retired pay should he so desire.  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-2004-00275 in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jan 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPS, dated 6 Feb 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.

                                   Panel Chair