RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00832 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When he got married and enrolled his wife in the Defense 
Enrollment Eligibility System (DEERS), he was never informed that 
he had to take action to prevent SBP coverage from being 
automatically established for his spouse. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a retired Air Force technical sergeant (TSgt). 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit B. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR notes the applicant was 
married and elected SBP spouse and child coverage based on full 
retired pay prior to his 1 Nov 96 retirement. The applicant was 
divorced and the SBP spouse coverage was suspended. His youngest 
child lost eligibility due to age in July 2007. The applicant 
remarried on 2 Aug 08; and there is no evidence he requested 
spouse SBP coverage not be reinstated on his current spouse’s 
behalf prior to their first anniversary. 

 

In accordance with Public Law (PL) 99-145, spouse coverage is 
automatically reinstated when a servicemember does not submit a 
timely request to terminate spouse coverage. Entering a new 


spouse in DEERS does not update pay records or change SBP 
coverage. Furthermore, information is regularly published in the 
Afterburner, News for USAF Retired Personnel, reminding retirees 
that it is their responsibility to keep their beneficiary 
information up-to-date. 

 

In the event the applicant had died his spouse would have been 
entitled to receive an annuity of over $700.00 per month. To 
provide the applicant an additional opportunity to terminate his 
SBP coverage would be inequitable to other members in similar 
situations. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 8 Apr 11, for review and comment within 30 days. As of this 
date, no response has been received by this office. 

 

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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 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, 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 issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

_________________________________________________________________ 

 


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-2011-00832 in Executive Session on 27 Oct 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Mar 11, w/atchs. 

 Exhibit B. Letter, Letter, HQ AFPC/DPSIAR, dated 28 Mar 11. 

 Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. 

 

 

 

 

 

 Panel Chair