RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03202
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) coverage for his spouse be terminated and
all deductions from his retired pay, retroactive to 17 February 1997, be
refunded. He also requests that he be refunded $7,456.52, and any
additional premiums taken from his retired pay since 1 September 2000.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He retired on 1 July 1975. On 4 June 1975, he signed DD Form 1883,
Survivor Benefit Plan Election Certificate, declining an annuity under
the SBP. The form advised that his decision not to participate was a
permanent, irrevocable decision, and that he should consider his decision
and its effects very carefully. He considered his decision and decided
he did not want an annuity. He received a letter postmarked 25 August
2000, advising him of a debt of $7,456.52 based on an overpayment by the
Defense Finance and Accounting Service (DFAS) dating back to 17 February
1997, the one-year anniversary of his marriage to his current spouse. He
sent the payment 5 days later because he was unable to contact the
military pay technician at DFAS. He was told by the SBP counselor at
Lackland AFB that SBP deductions should not have been taken out of his
retired pay, if he initially declined coverage when he retired on 1 July
1975. On 18 September 2000, his spouse met with the counselor who
witnessed her statement that she agreed with the request to terminate SBP
coverage.
The 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, indicated that the
applicant’s claim that he never elected to participate in the SBP is
without merit. He was married prior to his 1 July 1975 retirement, but
declined SBP coverage. During the open enrollment period of 1 Oct 1981 -
30 September 1982, he elected spouse only SBP coverage based on full
retired pay for his wife at the time. Coverage was effective August
1982, and monthly premiums were deducted from his retired pay for more
than 4 years, totaling approximately $8,700. The parties divorced on 6
February 1987, and the divorce decree was silent on the SBP.
Notification of the divorce was received by the finance center in April
1987, and spouse premiums were suspended. The member and his current
spouse married on 17 February 1996, but he failed to advise the finance
center that he did not want to extend SBP coverage to his new wife before
the first anniversary of their marriage (17 February 1997). In August
2000, the finance center learned of the member’s marriage, reinstated
spouse premiums, and began to recoup approximately $7,456 in costs
retroactive to the first anniversary of their marriage. It is
unfortunate that the applicant failed to notify the finance center of his
remarriage in a timely manner and incurred a debt; however, his wife
became an eligible beneficiary on the first anniversary of the marriage
and would have received an annuity, after recovery of the premium debt,
had the member died.
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 30
March 2001, 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 relief is appropriate. The applicant’s contentions are duly noted;
however, we do not find these assertions sufficiently persuasive to
override the rationale provided by the Air Force. Since the applicant
failed to notify DFAS-CL in a timely manner that he did not want to
extend SBP coverage to his new wife, coverage was established in
accordance with the law, and he incurred a premium debt. We therefore
agree with the recommendation of the Air Force and adopt the rationale
expressed as the basis for our decision that the applicant is not
entitled to 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 Chairman
Ms. Patricia D. Vestal, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Nov 2000, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 16 Mar 2001.
Exhibit D. Letter, SAF/MIBR, dated 30 Mar 2001.
DAVID C. VAN GASBECK
Panel Chairman
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