RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00882
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he notified the finance center
immediately following his divorce to suspend his Survivor Benefit Plan
(SBP) premiums.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has unjustly been paying SBP for the past 20 years.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired 1 July 1972 and elected spouse and child SBP
coverage based upon a reduced level of retirement pay during the
Plan’s initial enrollment period. The parties divorced on 29 March
1978, but the member failed to notify the finance center of the
divorce until January 2000. Upon notification, the Defense Finance
and Accounting Service-Cleveland Center (DFAS-CL) suspended his spouse
coverage back to the date of divorce and issued him a refund of
premiums subject to the six-year statute of limitations.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this
application and states that the member had ample opportunity to notify
the finance center immediately following his divorce and failed to do
so. They recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
On 5 May 2000, a complete copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days. 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. Applicant retired on 1
July 1972 and elected spouse and child coverage under the Survivor
Benefit Plan (SBP). He divorced on 29 March 1978 but failed to notify
finance center of the divorce until January 2000. During the period
applicant continued to pay the SBP premiums even though he had no
eligible beneficiary. Upon notification, the finance center suspended
his spouse coverage back to the date of divorce; however, he was only
refunded the premiums subject to the six-year statute of limitations.
We believe that this action is totally unjust. Once the finance
center suspended his spouse coverage back to the date of divorce, we
believe he should have been entitled to a total refund of premiums
since 1978. In addition, we note that had the member died, his former
spouse would not have been entitled to an SBP annuity because of their
divorce in 1978. In view of the fact that finance center suspended
his spouse coverage back to the date of divorce and since the
applicant had paid the premiums for over 27 years, we recommend his
records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 30 March 1978, he
notified the Air Force Accounting and Finance Center (AFAFC) of his
divorce and requested that his spouse coverage be suspended.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 May 2001, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Feb 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 25 Apr 00.
Exhibit D. Letter, AFBCMR, dated 5 May 00.
DAVID C. VAN GASBECK
Panel Chair
AFBCMR 00-00882
INDEX CODE: 137.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 30 March 1978, he
notified the Air Force Accounting and Finance Center (AFAFC) of his
divorce and requested that his spouse coverage be suspended.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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