RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03782
		INDEX CODE:  137.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Corrective action be taken to allow him to void his request to disenroll from the Survivor Benefit Plan (SBP) made under the provisions of Public Law (PL) 105-85 and permit him to reinstate SBP coverage for his wife.

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APPLICANT CONTENDS THAT:

When he retired he elected to participate in SBP.  During 2001, he discovered the SBP coverage was based on social security benefits that he considered unjust.  Now that this offset has been removed he would like to re-enroll with the understanding that missed premiums would have to be made up.

In support of his appeal, the applicant has provided a personal statement, and copies of his prior SBP termination application.

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

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STATEMENT OF FACTS:

Applicant was married and elected spouse and child SBP coverage based on a reduced level of retired pay prior to his 1 December 1973 retirement.  The youngest child lost eligibility in August 1987.  He submitted a valid request to terminate his SBP coverage under the provisions of PL 105-85 on 24 July 1998.  His coverage was terminated effective 1 August 1998.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial.  While the change to PL 108-375, 28 October 2004, eliminates the age 62 reduction to the SBP, the disenrollment form the applicant signed clearly states that once he discontinues SBP coverage, he cannot reenter the plan.  DPPTR notes approval of his request would provide the applicant an opportunity not afforded other retirees and is not justified.  Further, there is no evidence of error on injustice in this case.

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 7 January 2005 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, the majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, the majority of the Board can find no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2004-03782 in Executive Session on 8 March 2005, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the request.  XXXXX voted to correct the record but does not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Dec 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 29 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jan 05.

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
			      FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.