RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03613
		INDEX CODE:137.04
	xxxxxxxxxxxxxxxx.	COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His election for spouse and child coverage under the Survivor Benefit Plan (SBP) be terminated.  

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APPLICANT CONTENDS THAT:

Upon his retirement, he and his spouse did not elect SBP coverage.  Once he retired, SBP premiums were taken out of his pay and he then resubmitted the declination form and was told to wait until a decision was made.  He and his spouse do not need this coverage and are losing $86.00 a month which could be utilized to procure other coverage or fulfill other financial needs.  

The applicant provides no supporting documentation.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Records reflect the former member retired effective 31 Jan 00 in the grade of staff sergeant. 

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. 

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AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial.  DPSIAR states that DFAS-CL has no record of receiving a written request to terminate the applicant's SBP and the applicant did not provide documentation to support his claim.  DPSIAR states the applicant offers no explanation for his more than seven year delay in submitting a request for correction.  He could have disenrolled with his wife's written concurrence, during the one-year period as authorized by PL 105-85, but he failed to do so.  The complete AFPC/DPSIAR evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on 8 Feb 08 for review and comment within 30 days.  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; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We have reviewed the available evidence pertaining to the applicant’s assertions relating to his SBP election, and we are not persuaded that an SBP election termination of spouse and child coverage is warranted.  His contentions in this regard are duly noted; however, in our opinion, the Air Force office of primary responsibility has adequately addressed these contentions and we are in agreement with their recommendation.  In view of the above, we find no basis to warrant favorable consideration of this application.  

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 Docket Number BC-2007-03613 in Executive Session on 26 Jun 08, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-03613 was considered:

    Exhibit A.  DD Form 149, dated 30 Oct 07.
    Exhibit B.  Letter, AFPC/DPSIAR, dated 25 Jan 08.
    Exhibit C.  Letter, SAF/MRBR, dated 8 Feb 08.