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AIR FORCE BOA~D FOR CORRECTION OF MILITARY RECORDS
. RECORD OF PROCEEDINGS
.
.
IN -THE MATTER OF :
COUNSEL: NONE
HEARING DESIRED': NO
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Applicant requests he be allowed to cancel Survivor Benefit Plan
coverage for his daughter. Applicant s submission is at Exhibit
A. .
The 'appropriate Air Force 'office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
Applicant's response to the advisory opinion is at-Exhibit E .
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been adequately rebutted by
applicant.
Absent persuasive evidence applicant was denied
rights to which entitled, appropriate regulations were not
followed, or appropriate standards were not applied, we find no
basis to disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
'
a
Members of the Board Mr.
Westgate, and Ms. Ann L,
accordance with the provis
and the governing statute,
David C. Van Gasbeck, Mrs. Barbara
Heidig considered this application
'ions of Air Force Instruction 36-26
10, U.S.C. 1552.
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C. VAN GASBECK
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D.
E. Applicant's Response
AFBCMR Ltr Forwarding Advisory Opinion
4
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DEPARTMENT OF T H E A I R FORCE
H E A D Q U A R T E R S AIR FORCE P E R S O N N E L C E N T E R
R A N D O L P H AIR FORCE B A S E T E X A S
2 1 s€? 1998
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste I 1
Randolph AFB TX 781 50-471 3
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action that would allow
him to cancel Survivor Benefit Plan (SBP) coverage for his child.
. Basis for Request: The applicant claims that before applying for child coverage he went
to a Military Personnel Flight for counseling and was told it would cost him “a few pennies a
day.”
Backaround: A member, who does not have eligible children at retirement, may elect
coverage for a newly acquired child within the first year after gaining the child.
Facts: The member, a Resewist who turned age 60 on 4 May 84, was unmarried with
no children when he retired and declined SBP. He married on 10 Jan 92, and spouse
coverage, maximum annuity, was established on the first anniversary. The member acquired a
child on 29 Aug 96 and sent in a request to the finance center to add coverage for his daughter
on 11 Jan 97.
Discussion: The finance center’s case file contains copies of the applicant’s 23 Jan 92
AF Form I 14, Arrears of Retired Pay Designation and/or Annuity Beneficiary Changes, and
daughter as an SBP beneficiary. We contacted
11 Jan 97 letter req
who stated that his recollection of the events were
the SBP counselor a
that the applicant did not question the cost of the child’s portion of the premiums untll that
additional amount was deducted from his pay. It is each member‘s responsibility to obtain
information prior to making decisions that affect retired pay and their family survivor benefits.
Recommendation: There is no evidence of Air Force error or injustice; therefore, we
recommend the member’s request be denied. However should the Board decide to grant relief,
the member’s records should be corrected to void his election to add71is child as an SBP
beneficiary and refund the portion of the SBP premiums related to the child coverage.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
However, the law provides two mechanisms for changing spouse coverage to former spouse coverage, which must be exercised within the first year following divorce. If neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. The decedent and the applicant were married on 28 Dec 83; in Sep 85, the decedent notified the finance center of the change in his marital status and spouse...
_________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant was married and elected child only SBP coverage based on full retired pay prior to his 12 May 83 disability retirement. If a member withdraws under this provision, there is no immediate refund of premiums; however, applicable spouse premiums paid by the member can be refunded to the spouse following the member’s death. ...
At that time, RCSBP coverage and premiums were suspended. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states that SBP spouse coverage is suspended when the spouse loses eligibility. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the...
- I I COUNSEL: None - RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS JUL 1 7 IN THE MATTER OF: DOCKET NO: 97-03293 HEARING DESIRED: NO - Applicant requests that the one year eligibility period for a spouse acquired after retirement be waived and she be granted a Survivor Benefit Plan (SBP) annuity. Applicant's submission is at Exhibit A. I The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending...
AF | BCMR | CY2003 | BC-2003-01653
His third marriage was on 14 Jun 95, but he failed to submit a request to not extend SBP coverage to his third wife before the first anniversary of their marriage; therefore, his third spouse became the eligible spouse beneficiary on 14 Jun 96. Public Law (PL) 99-145 provides a one-year period during which SBP participants with suspended spouse coverage who remarry may choose to not extend SBP protection to the newly acquired spouse. While the applicant acted in a timely manner to notify...
AF | BCMR | CY2003 | BC-2003-02194
On 2 June 2003, the applicant requested that the finance center stop the SBP. Furthermore, the applicant failed to respond to their 7 July 2003 letter requesting he obtain a notarized statement completed by his wife in which she acknowledges retired pay ceases when the applicant dies, that she is currently eligible to receive an annuity valued at approximately $774 per month (after the age of 62, no less than $492), and approval of this request would result in her receiving no...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
AF | BCMR | CY2003 | BC-2002-03271
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03271 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husband's records be corrected to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) and any SBP premium payments due be waived. ...
AF | BCMR | CY2003 | BC-2003-01220
The applicant married on 1 September 2000, but he did not elect SBP coverage for his spouse within the first year following his marriage. There is no record that he submitted a request within the first year of marriage. If the Board’s decision is to grant relief, the applicant’s record should be corrected to show that on 31 August 2001 he elected to add his spouse to his child only coverage based on full-retired pay.
The service member and G. (the applicant) were married on 14 Sep 94; however, the service member did not notify DFAS of the change in his martial status nor did he request to establish coverage for his new spouse. On 21 Feb 01, the service member's former spouse (M.) submitted a request for correction of his military records to entitle her to an SBP annuity. The beneficiary form that the applicant refers to was to entitle her to the service member's unpaid retired pay, not as a beneficiary...