RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00954
		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 terminate his spouse and child coverage under the Survivor Benefit Plan (SBP).  He didn’t sign up for the coverage and does not want to.  He wants reimbursement of all premiums paid into the plan.

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APPLICANT CONTENDS THAT:

He experienced an accelerated retirement and consequently, was not told to schedule an SBP briefing.  Therefore the SBP appointment never took place.  He did not elect SBP coverage and does want it.

In support of his appeal, the applicant has provided paperwork he received from HQ AFPC/DPPTR.

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

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STATEMENT OF FACTS:

The applicant retired effective 1 February 2004 and had an eligible spouse and child at the time.  He did not complete the documents necessary to properly establish his retired pay account, including any desired SBP coverage.  Therefore, spouse and child coverage, based on full, retired pay, was established in accordance with public law.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR states they sent two letters to the applicant, dated 25 March 2004 and 7 May 2004, and he failed to respond to either.  The letters offered him a full SBP briefing and a DD Form 2656, Data for Payment of Retired Personnel, that had he completed and returned with a notarized statement from his spouse indicating her knowledge and acceptance of the fact that upon his death, she would not receive any monetary benefit from the Air Force.  

DPPTR’s complete 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 25 June 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 error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertion of retiring too quickly to attend an SBP briefing, in and by itself, sufficiently persuasive to override the rationale provided by the Air Force.  Additionally, it appears he has not responded to Air Force office of primary responsibility requests for information in order to help him.  Therefore, we 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 of having suffered either an error or injustice.  Should he provide the appropriate documents, including a notarized statement signed by his spouse acknowledging she understands retired pay ceases when he dies and that approval of his request would provide no monetary benefit from the Air Force upon his death, we would reconsider his request.  In the interim however, and in the absence 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 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-2004-00954 in Executive Session on 24 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Mar 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.