RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02108
				INDEX CODE:  137.00

				COUNSEL:  None

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to terminate his spouse and child coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

When he retired he did not want to elect SBP, but the personnel office forced him to take SBP because his wife was living in another state.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant and . were married on 24 April 1982.  On 14 February 2002, the applicant elected spouse and child coverage under the SBP based on full retired pay prior to his 1 April 2002 retirement.

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AIR FORCE EVALUATION:

AFPC/DPPTR states that Public Law (PL) 99-145 requires spouses of married servicemembers to concur in writing, prior to the servicemember’s retirement, in SBP elections that provide less than full spouse coverage.  The concurrence must be notarized or witnessed by an SBP counselor to be valid.  If the servicemember fails to make an election prior to his retirement, the Defense Finance Accounting Service-Cleveland Center (DFAS-CL) will establish SBP coverage at the maximum level for all eligible beneficiary(ies) to comply with law.

DPPTR further states SBP elections can not be arbitrarily terminated as long there are eligible beneficiaries; however, PL 105-85, effective 18 November 1997, authorized retired servicemembers to terminate their SBP coverage between the 24th and 36th month following their retirement.  The former servicemember must complete the DD Form 2656-2, with the spouse's signed notarized consent.  In order for the termination to be valid, the request has to be postmarked no later than the servicemember’s third anniversary of receiving retired pay.  The termination would take effect the month following receipt by DFAS-CL.  When terminating SBP the member is not entitled to a refund of premiums and is barred from reentering SBP.

The applicant’s contention that he was forced to take SBP coverage when he retired is without merit.  The fact he and his wife were geographically separated did not prevent his declining or electing reduced SBP coverage.  If he chose to elect coverage that provided less than the maximum level, the SBP counselor could have obtained his spouse’s concurrence via mail.  Also, a copy of the SBP Report of Individual Person (RIP) that he signed, acknowledged he understood the options and effects of his actions pertaining to his SBP election.  Furthermore, it is the responsibility of the servicemember to elect the coverage which best meets the needs for his family.  The applicant may disenroll from SBP with his wife’s written notarized concurrence, during the one-year period which began 1 April 2004.  DPPTR further states to approve the applicant's request would provide him an opportunity not afforded to other retirees.  They recommend his request be denied.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 13 August 2004, for review and response.  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 an injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Essentially, the applicant alleges when he retired he was forced to make an SBP election because his wife was living in another state; however, the fact the applicant and his wife were geographically separated did not prevent him from declining or electing reduced SBP coverage.  In fact, if the applicant had elected less than full coverage for his spouse, it would have been the responsibility of the SBP counselor to obtain her concurrence through the mail.  Additionally, the applicant signed the Report of Individual Person, acknowledging he understood the options and effects of his SBP election.  The applicant has not established to our satisfaction that he was forced in making an SBP election.  Furthermore, it is the responsibility of each servicemember to elect the SBP coverage that best suits his family situation.  We further note that under the provisions of Public Law 105-85, the applicant will have one year to disenroll from SBP commencing 1 April 2004, provided he obtains his spouse’s written concurrence.  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-2004-02108 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 1 Jul 04.
	Exhibit B.	Applicant’s Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPTR, dated 9 Aug 04.
	Exhibit D.	Letter, SAF/MRBR, dated 13 Aug 04.