RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01630
		INDEX CODE:  137.00
		COUNSEL:  
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to terminate spouse-only coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

His wife has relocated and broken off all contact with him since January 2007.  As of 21 April 2007, the local police have refused to file a missing persons report.

In support of his request, the applicant provided a Retiree Monthly Account Statement and Tax documentation.

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

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STATEMENT OF FACTS:

According to the Defense Enrollment Eligibility Reporting System (DEERS), the applicant married on 9 August 1986.  He elected spouse only SBP coverage based on full-retired pay prior to his 1 April 2001 retirement.

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AIR FORCE EVALUATION:

AFPC/DPPRT recommends denial.  DPPRT states an SBP election may not be arbitrarily terminated as long as the beneficiary remains eligible.  Public Law 105-85 (18 November 1997) authorized members, who retire on or after 17 May 1998, a one-year window during which they could disenroll from the SBP, beginning on the 25th and ending on the 36th month following receipt of retired pay.  Retirees must complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and obtain the spouse’s notarized consent.  Disenrollments are effective the month following the Defense Finance and Accounting Service – Cleveland Center’s (DFAS-CL) receipt of a properly completed request, which must have been postmarked not later than the end of the 36th month following the effective date of retirement.  The law does not require DFAS-CL to individually notify retirees of their option to disenroll during the one-year period and there is no refund of premiums.

It is unfortunate the applicant’s wife has relocated, but there is no provision in PL 105-85 to waive the covered spouse’s concurrence or that permits disenrollment based on a missing spouse.  Further, the applicant had the opportunity and ample resources to obtain information on the correct disenrollment procedures.  Finally, the election form which the applicant signed five months prior to his retirement contains a specific statement that retiring members have been counseled on the termination provision.  Providing this applicant additional time to terminate his SBP coverage, regardless of his wife’s whereabouts, would be inequitable to other retirees in similar situations, and is not justified by the facts.  There is no evidence of an Air Force error or basis in law to approve this petition.

AFPC/DPPRT’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 September 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, this office has received no response.

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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.  The applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of either an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2007-01630 in Executive Session on 14 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 May 2007, w/atchs.
   Exhibit B.  Letter, AFPC/DPPRT, dated 13 July 2007.
   Exhibit C.  Letter, SAF/MRBR, dated 14 September 2007.