RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03448
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be disenrolled from the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He relocated in 1994, failed to provide a change of address to the
Defense Finance and Accounting Service (DFAS) and he was enrolled in
the SBP when he remarried.
In support of his request, the applicant provided a copy of his AF
Form 1266 and AF Form 1267, SBP Notification and Concurrence, and
Spouse Concurrence Statement. Applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married and elected spouse only SBP coverage based
on a reduced level of retired pay prior to being placed on the
Temporary Disability Retired List (TDRL) effective 11 June 1991. He
was removed from the TDRL and permanently retired for disability
effective 17 August 1992. In February 1998, the member’s disability
compensation from the Department of Veterans Affairs (VA) exceeded his
retired pay and a direct remittance account was established.
Applicant divorced on 6 July 1998 but failed to notify DFAS-CL of the
change in his marital status.
On 2 April 1999, the applicant remarried, but failed to submit a
request to extend SBP coverage to his wife before the first
anniversary of their marriage. His current wife became the eligible
spouse beneficiary on 2 April 2002 by operation of law. The divorce
and remarriage became a matter of record July 2002, and DFAS updated
the member’s SBP data to reflect his current wife as his eligible
spouse beneficiary.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR reviewed applicant’s request and recommends denial. DPPTR
states that the applicant had ample resources available to learn about
his opportunity to not extend SBP coverage following remarriage.
Information and points of contact are regularly published in the
Afterburner, News for USAF Retired Personnel, reminding retirees of
their options upon remarriage. Issues of the Afterburner are mailed
to the correspondence address each retiree provides to the finance
center. It is each member’s responsibility to notify DFAS-CL of their
current correspondence address, regardless of their pay status.
Records indicate that as early as September 2001 issues of the
Afterburner have been mailed to the address where the applicant
currently resides. Providing this member additional time to terminate
his SBP coverage would be inequitable to other retirees in similar
situations and is not justified by the facts. The DPPTR evaluation is
at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 6 December 2002, for review and response. As of this
date, this office has received no response.
_________________________________________________________________
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 an error or injustice. After a thorough review of
the evidence of record and applicant's submission, we are not
persuaded that he should be allowed to disenroll from the Survivor
Benefit Plan. Applicant's contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore 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 of having suffered either an error or
an injustice. In view of the above and absent persuasive 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 an material error or an 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 Docket Number 02-03448
in Executive Session on 21 January 2003, under the provisions of AFI
36-2603:
Mr. David C. VanGasbeck,Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 02, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 26 Nov 02
Exhibit C. Letter, SAF/MRBR, dated 6 Dec 02.
DAVID C. VANGASBECK
Panel Chair
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