RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00151
INDEX CODE: 137.00
XXXXXXX COUNSEL: None
XXXXXXXXXX HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Survivor Benefit Plan (SBP) indebtedness be corrected and he be allowed
to terminate participation in the SBP.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 28 September 1979, he completed the SBP election certification. At
retirement for pay purposes on 21 October 1991, he apparently qualified for
the SBP. At this time, it appears the pay records were the responsibility
of AFAFC/RPT, Denver, CO. The AF Retiree Account Statement (RAT) had no
indication as to the SBP deductions. As a new retiree, he thought that the
SBP deductions were made automatically and not reported on the form. Thus,
he was convinced that he was covered. In the month of August 1997 when he
reviewed his records, it was noticed on the RAT, dated 7 December 1996, in
the SBP coverage section, “No SBP election is reflected on your account.”
He was very concerned. On 20 August 1997, he wrote a letter of inquiry to
DFAS-CL. Their response was that he owed $6,765.62. He was shocked and
dismayed. It is his stand that he should not have to pay this debt since
the record keeping was not his error, but AFAFC/RPT or DFAS-CL. This debt
or erroneous delineation of SBP should have been reported to him upon his
retirement on 21 October 1991. It was not. This situation will work a
very definite hardship on his family.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member made an election for spouse and children with full, immediate
coverage (Option CF), under the Reserve Component Survivor Benefit Plan
(RCSBP), effective 2 October 1979.
Upon his retirement with pay as a reserve member in October 1991, no
deductions were established from his RAT.
On 20 August 1997, applicant corresponded with the DFAS-CL concerning his
SBP indicating that he desired the coverage. Apparently, DFAS-CL
retroactively reinstated the coverage and the applicant has incurred a
rather large debt.
_________________________________________________________________
AIR FORCE EVALUATION:
Retired Pay Operations, DFAS-CL/FRAB, reviewed this application and states
that unless the member requests correction to show that he never elected
RCSBP coverage, no action can be taken by the Board in this matter. Relief
from a debt is not a matter under the cognizance of the Board.
A complete copy of the evaluation is attached at Exhibit C.
HQ ARPC/DR, reviewed this application and states that the National Defense
Authorization Act, signed on 18 November 1997, included a provision where
retirees will have a window to discontinue participation in the SBP. This
provision is anticipated to begin on 17 May 1998. Members who have been
retired over three years on the above effective date will be given a one
year opportunity to withdraw from the SBP. Although this revision has been
approved, implementing instructions have not yet been established. Since
the member meets the requirements of the above, they recommend relief be
denied.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 11 May 1998, for review and response. As of this date, no response has
been received by this office.
_________________________________________________________________
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 probable 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 and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. It is indeed unfortunate that
the deductions for the SBP were not made by responsible Air Force
personnel. Nonetheless, since the oversight could have been detected by
the applicant in a timely manner, we are not convinced that equity requires
corrective action to obviate the indebtedness he has incurred. Therefore,
in the absence of evidence to the contrary, we find no compelling 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 probable 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 this application in Executive
Session on 16 July 1998, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jan 98, w/atchs..
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, DFAS-CL/FRAB, dated 3 Apr 98.
Exhibit D. Letter, HQ ARPC/DR, dated 20 Apr 98.
Exhibit E. Letter, AFBCMR, dated 11 May 98.
Panel Chair
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