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AF | BCMR | CY2002 | BC-2002-00667
Original file (BC-2002-00667.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00667


      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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