RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2009-03095
				COUNSEL: NONE
				HEARING DESIRED:  YES
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APPLICANT REQUESTS THAT: 

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

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APPLICANT CONTENDS THAT:

She was told she could cancel SBP and not told she had to wait 
two years to do so.  

The applicant does not provide any evidence in support of her 
appeal.  

The applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
was honorably discharged in the grade of master sergeant (E-7) 
on 30 April 2009 and retired effective 1 May 2009.  On 6 January 
2006, she elected spouse only SBP coverage based on full retired 
pay.  Since she elected maximum spouse coverage, her husband’s 
concurrence was not required.  

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AIR FORCE EVALUATION:

ARPC/DPSIAR recommends denial.  DPSIAR states that each member 
attends a one-on-one SBP briefing given by an SBP counselor 
prior to their retirement and while SBP counselors present facts 
and explain the provisions of the program during pre-retirement 
counseling, members are responsible for making the election that 
best meets their particular situation.  The applicant’s husband 
did not attend the SBP briefing; however, a notification letter 
was forwarded to him on 4 November 2008, fully describing the 
options and effects of the SBP.  The applicant had time to 
change her election, with her husband’s concurrence, prior to 
her retirement date.  The SBP counselor provided a copy of the 
SBP Report of Individual Personnel (RIP) the applicant signed, 
acknowledging she understood the options and effects of her 
actions pertaining to her SBP election.  Item N1(A) of the RIP 
clearly states there is a one-year window to request termination 
of all participation, which opens on the second anniversary of 
her retirement.  

DPSIAR indicates there is no evidence of an Air Force error or 
injustice in this case.  Approval of this request would provide 
the applicant an opportunity not afforded to other retirees; 
however, she may disenroll with her husband’s concurrence, 
during the one-year period beginning 1 May 2011 as authorized by 
Public Law 105-85.  

The complete DPSIAR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 30 October 2009 for review and comment within 30 
days (Exhibit D).  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.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; 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 basis to 
recommend granting the relief sought in 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 issues 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 AFBCMR Docket 
Number BC-2009-03095 in Executive Session on 1 April 2010, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered in connection 
with AFBCMR Docket No. BC-2009-03095:

	Exhibit A.  DD Form 149, dated 18 Aug 09.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIAR, dated 14 Oct 09.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Oct 09.