RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02577
		INDEX CODE:  137.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

She was in the correct window to terminate SBP, but was given the wrong form by personnel at the Minot AFB Military Personnel Flight.  The incorrect form was sent on 25 February 2008.  The correct form was sent on 12 May 2008.

In support of her request, the applicant provided a copy of her DD Form 2656, Data for Payment of Retired Personnel, DD Form 2656-2, Survivor benefit Plan (SBP) Termination Request, and a letter from the Defense Finance and Accounting Service (DFAS) Retired and Annuity Pay Office.

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

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STATEMENT OF FACTS:

The applicant was married and elected spouse and child SBP coverage based on a reduced level of retired pay prior to her 1 February 2005 retirement.

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AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial.  DPSIAR states the applicant’s husband concurred with her SBP election.  However, the SBP counselor did not properly witness her husband’s concurrence, invalidating the election.  Nevertheless, DFAS-CL erroneously established the requested coverage versus full spouse coverage as required by law.  The applicant became eligible to disenroll between 1 February 2007 and 31 January 2008, but documents provided by the applicant show that her first attempt to disenroll from the SBP was made 25 days after the end of the one-year period.

The applicant’s claim that she attempted to disenroll from the SBP within the one-year window is without merit, as she stated she did not contact the MPF until 25 February 2008.  Even though the incorrect form was sent to DFAS-CL, her termination request would not have been accepted because PL-105-85 contains no provision for waiving or extending the one-year period authorized to terminate participation.  Furthermore, item 32 on the election form, which the applicant signed prior to her retirement, contains a specific statement that retiring members have been counseled that SBP can be terminated with the spouse’s written concurrence, within one year after the second anniversary of commencement of retired pay.  Providing this applicant additional time and opportunity to terminate her SBP coverage would be inequitable to other retirees in similar situations and is not justified by the facts.  

While the applicant may have been provided an erroneous form, PL 105-85 contains no waiver of the one-year period in which participants may arbitrarily terminate SBP coverage.

The complete DPSIAR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 August 2008, a copy of 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 Air Force office of primary responsibility and adopt 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.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or 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-2008-02577 in Executive Session on 2 October 2008, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 July 2008, w/atchs.
   Exhibit B.  Letter, AFPC/DPSIAR, dated 4 August 2008.
   Exhibit C.  Letter, SAF/MRBR, dated 22 August 2008.

			
			Panel Chair