RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00667
INDEX CODE 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be disenrolled from the Survivor Benefit Plan (SBP) program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He enrolled in the basic SBP reluctantly at retirement for his first
wife. After her death he submitted a copy of the death certificate to
stop/disenroll from SBP. He thought that he had been disenrolled from
SBP forever. He remarried in August 1999, and gave no thought to SBP
since his new wife has her own income from her deceased husband’s
estate.
In February 2002, he received forms from the Defense Finance and
Accounting Service (DFAS) stating that SBP had been placed in effect
for his present wife. He does not remember any mention of SBP being
made when he enrolled his wife in DEERS. He lives a considerable
distance from a military installation and it never occurred to him
that she would be enrolled automatically without any notification or a
chance to accept or decline.
He feels regardless of how the law is written, it is a gross injustice
to be kept enrolled in a system that places the responsibility on an
individual 11 years later to disenroll from a program that he thinks
he has already cancelled. At the very least the retiree should be
given the opportunity to accept or decline further SBP enrollment when
the new spouse is enrolled in DEERS.
In support of his appeal, the applicant submitted a letter from his
spouse, his retiree account statements (dated 11 and 24 January 2002),
and a letter from DFAS.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant elected spouse only SBP coverage based on a reduced
level of retired pay prior to his 1 September 1979 retirement. The
coverage was suspended following his previous wife’s death on 17 July
1991. When he remarried on 2 August 1999, no statement was received
from the applicant to not extend SBP coverage to her before the first
anniversary of their marriage, and she became the eligible spouse
beneficiary on 2 August 2000.
_________________________________________________________________
AIR STAFF EVALUATION:
AFPC/DPPTR reviewed the application and recommended denial. 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. Written
requests must be received within the first year following remarriage.
While the member’s statement that advance notification about SBP
options upon remarriage should be generated following enrollment in
DEERS seems a logical solution, the involved agencies are not prepared
at this time to undertake such an integration.
Applicant had ample resources available to learn about his opportunity
to not extend SBP coverage following remarriage. Information and
points of contact were published in the Afterburner, News for USAF
Retired Personnel, reminding retirees of their options upon
remarriage. Records indicate that less than two months following the
applicant’s remarriage, the Sep 99 issue contained a boxed item with a
specific SBP note that advised participants to contact the finance
center immediately upon gaining or losing a potential beneficiary.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
Through his member of Congress, applicant provided a personal
statement, a notarized letter from his spouse relinquishing any and
all claims to income from the SBP, and correspondence between the
applicant and DFAS (Exhibit D).
_________________________________________________________________
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 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.
Therefore, 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 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 AFBCMR
Docket Number 02-00667 in Executive Session on 16 August 2002, under
the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mr. Joseph A. Roj, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 4 Mar 02, w/atch.
Exhibit C. Letter, AFBCMR, dated 22 Mar 02, w/atchs.
Exhibit D. Letter, Congressman, dated 19 Apr 02,
w/letter from applicant.
BARBARA A. WESTGATE
Chair
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