RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00416

	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he declined coverage under the 
Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He and his wife were misled into renewing SBP and it was not 
explained to them that they would have to pay SBP back premiums.  
His wife concurs with the decision to decline SBP.  They are on 
fixed incomes and cannot afford SBP.

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

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STATEMENT OF FACTS:

The 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/DPFFF recommends denial indicating there is no evidence of 
an error or an injustice.  DPFF notes spouse coverage under SBP 
is irrevocable as long as there is an eligible beneficiary, but 
the coverage is suspended when the spouse loses eligibility.  
Public Law (PL) 99-145 allows for a participant, with suspended 
spouse coverage, to elect not to resume coverage for a 
subsequently acquired spouse.  The new spouse will be 
automatically covered at the previous level of coverage on the 
first anniversary of the marriage if the service member fails to 
take action before that date.  Premiums for the coverage become 
effective the first day of the thirteenth month and the 
retroactive cost will be computed when evidence of the marriage 
becomes a matter of record.
The applicant was married with children and elected spouse and 
child SBP coverage based on full retired pay prior to his 
1 Sep 87 retirement.  The applicant was divorced on 3 Jul 90.  
The SBP premiums were suspended in Jul 93.  The applicant 
married D. on 30 Oct 93 and failed to inform the Defense Finance 
and Accounting Service – Cleveland Center (DFAS-CL) that he did 
not want to extend SBP for his new spouse.  The applicant’s 
youngest child lost eligibility 1 Jul 98.  On 16 Aug 11, the 
applicant requested to resume his SBP coverage.  DFAS-CL 
reinstated spouse coverage retroactive to 30 Oct 94, the first 
anniversary of their marriage. 

The SBP statute ensures that eligible spouses are afforded the 
protection of the SBP regardless of the participant's failure or 
delay in notifying DFAS-CL of their marriage.  This automatic 
feature under the statute requires a participant to take the 
appropriate action to prevent coverage from being re-
established.  To provide the applicant an additional opportunity 
to terminate his SBP coverage would be inequitable to other 
members in similar situations and is not justified by the facts.  

Although the applicant indicates paying the premiums creates a 
financial hardship, he may request waiver for the debt by 
submitting a DD Form 2789, Waiver/Remission of Indebtedness 
Application.

A complete copy of the AFPC/DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 3 May 13, for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit C).

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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 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.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2013-00416 in Executive Session on 7 Nov 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 Jan 13, w/atch.
     Exhibit B.  Letter, AFPC/DPFFF, dated 17 Apr 13.
     Exhibit C.  Letter, SAF/MRBR, dated 3 May 13.




                                  
                                   Panel Chair