RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:BC-2008-01374 INDEX CODE:	137.00 COUNSEL:	None

HEARING DESIRED: No

APPLICANT REQUESTS THAT:

His records be corrected to show he filed a timely election for termination of spouse and child coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

It was not disclosed to him that premiums would not be returned for SBP if the beneficiary passed away first.

Applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant declined SBP coverage prior to his 1 June 1975 retirement. Later, the applicant elected spouse and child coverage under SBP based on full retired pay during an open enrollment period. The applicant’s spouse died on 23 March 2008. DFAS-CL suspended the member’s spouse coverage and overpaid premiums were refunded retroactive to the spouse’s date of death.

AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial and states there is no evidence of an Air Force error or injustice in this case; and no basis in law to approve the request. The statute controlling the SBP does not provide for a refund of premiums if the covered beneficiary dies before the participant. The member had the opportunity to disenroll from the SBP with his wife’s written concurrence during the 1998-1999 open disenrollment period authorized by PL 105-85 to avoid paying additional premiums, but he chose not to.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 11 June 2008 for review and comment within 30 days. As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility (OPR) 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, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered AFBCMR Docket Number BC-2008-01374 in Executive Session on 19 August 2008, under the provisions of AFI 36-2603:

, Panel Chair 
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-01374 was considered:

Exhibit A. DD Form 149, dated 31 Mar 08.
Exhibit B. Letter, AFPC/DPSIAR, dated 11 Jun 08. Exhibit C. Letter, SAF/MRBR, dated 27 Jun 08.