RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01548

   	COUNSEL:  NONE

   	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was automatically enrolled in the SBP and does not have a need for the program since his spouse and children will be well provided for.

The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Prior to his 21 September 1999 disability retirement, the applicant failed to make a valid SBP election.  Since he was married and had dependent children at the time, he was automatically enrolled for full spouse and child coverage under the SBP.

Public Law 105-85(PL 105-85), provided a one-year period beginning on the second anniversary of the date of commencement of retired pay, during which SBP participants could voluntarily discontinue participation, with their spouse’s concurrence.  If the retiree fails to exercise the disenrollment option during the one-year eligibility period, the SBP election is permanent and irrevocable as long as the beneficiary remains eligible.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends the application be denied and states, in part, that the applicant had ample opportunity to obtain information concerning correcting or disenrolling from the SBP and waited over three years to submit a request to the finance center.  Furthermore, the January 2000 issue of the Afterburner, published prior to the commencement of his one-year opportunity to disenroll, reminded retirees of their disenrollment options and provided points of contact.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 3 July 2003 for review and response within 30 days.  However, 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 error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The office of primary responsibility has adequately addressed applicant’s contentions and we agree with their opinion and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice.  Hence, 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 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-2003-01548 in Executive Session on 30 September 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Apr 03, w/atchs.
    Exhibit B.  Member's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 1 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 03.

                                   Panel Chair