RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02850
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
The Survivor Benefit Plan (SBP) coverage for his spouse be terminated and
all deductions from his retired pay be reimbursed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
In July 1999, the Defense Finance and Accounting Service (DFAS) informed
him he needed to be married for one year for his wife to receive benefits
under the SBP. He was never told he needed to notify DFAS by 3 August
2000, to terminate coverage. He received notice of the debit of $224.35
to his pay. If activated, he will have a financial burden due to
hospital bills.
Applicant's complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
___________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application
and recommended denial. The applicant retired 1 July 1967, and elected
full spouse only SBP coverage during the initial open enrollment period,
effective 21 September 1972. His first wife died on 4 June 1999, and he
married his current spouse on 31 July 1999. On 15 September 1999, DFAS
received the applicant’s request to establish SBP coverage for his new
wife. He supplied a copy of his first wife’s death certificate. SBP
coverage and premiums were suspended based on verification of his first
wife’s death. On 31 July 2000, SBP coverage was reinstated on his new
wife’s behalf and monthly premiums were deducted from his retired pay.
A participant’s spouse automatically becomes an eligible beneficiary on
the first anniversary of the marriage unless, before that date, a valid
election not to resume coverage is completed. The applicant submitted a
valid request to reinstate SBP coverage for his new wife within the time
permitted to make a change in coverage. The applicant failed to provide
proof that he sought to void his original request to establish SBP
coverage for his wife before their first anniversary, as required by law.
His wife provided a notarized statement concurring in the applicant’s
request to terminate SBP coverage and waiving her eligibility to receive
approximately $1,208 per month in the event of his death.
A complete copy of the evaluation, with attachments, is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 15
December 2000, for review and response within 30 days (Exhibit D). 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. After a thorough review of the
evidence of record and the applicant’s submission, we are not persuaded
that he should be allowed to terminate SBP coverage for his wife. His
contentions are duly noted; however, we do not find his assertions, in
and by themselves, sufficiently persuasive to override the rationale
provided by the Air Force. Therefore, we agree with the recommendation
of the Air Force and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden that he has
suffered either an error or an injustice. Consequently, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
___________________________________________________________________
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 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 16 Aug 2000, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 1 Dec 2000, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 15 Dec 2000.
DAVID C. VAN GASBECK
Panel Chair
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