RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03540 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Corrective action be taken to allow him to terminate spouse and child coverage under the Survivor Benefit Plan (SBP) and he be reimbursed for all monies taken out of his retirement pay. _________________________________________________________________ APPLICANT CONTENDS THAT: He was never asked to complete forms for the SBP. In fact, he never wanted it. Applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was married and had eligible children when he retired from the Air Force on 1 June 2008. It appears he was neither counseled on the SBP nor did he complete a valid SBP election. Consequently, DFAS-CL established automatic spouse and child coverage based on full retired pay to comply with the law. On 15 October 2008, DPSIAR requested the applicant complete a DD Form 2656, Data for Payment of Retired Personnel, and a notarized statement signed by his wife to acknowledge her understanding that retired pay ceases when he dies, and approval of his request would result in her receiving no monetary benefit from the Air Force upon his death. On 14 November 2008, they attempted to contact the applicant by phone and left a message for him to call in reference to his request to correct the SBP selection; however, he still has not responded. Had he responded, DPSIAR could have granted relief using their authority under Title 10, USC 1454 to correct administrative errors. The applicant may exercise his option under PL 105-85 to terminate all SBP participation beginning on 1 June 2010. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial as there is no valid written concurrence statement from the applicant's wife agreeing to the termination. AFPC/DPSIAR's complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 9 January 2009, for review and response. As of this date, this office has received no response. _________________________________________________________________ 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. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that he should be allowed to disenroll from the Survivor Benefit Plan. 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 office of primary responsibility (OPR). In this reqard, we note that the applicant may exercise his option under public law to terminate all SBP participation beginning 1 June 2010. We therefore agree with the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive 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 an material error or an 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 Docket Number BC- 2008-03540 in Executive Session on 19 February 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Sep 08. Exhibit B. Letter, AFPC/DPSIAR, dated 9 Dec 08 Exhibit C. Letter, SAF/MRBR, dated 9 Jan 09.