RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00401
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken that would permit him to terminate spouse
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
All printed information does not clearly state that once the election
is made to participate then an election not to participate would be
denied.
In support of the appeal, applicant submits a personal statement, a
copy of a letter to DFAS-DE/FRB, a copy of a letter, with marriage
certificate, to DFAS requesting SBP for his new wife, a copy of a
letter, with a copy of the death certificate, requesting a change of
address, and a copy of Chapter 4, DFAS-CL 1352.2-PH.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 January 1971 and elected spouse and child
SBP coverage based on full retired pay during the initial open
enrollment period (effective 21 September 1972). The youngest child
lost eligibility in June 1984. The applicant’s wife V--- died on 28
July 1999; on 4 November 1999, Defense Finance and Accounting Service
- Cleveland Center (DFAS-CL) received the applicant’s notification to
stop spouse costs and SBP coverage and premiums were suspended. The
applicant married R--- on 9 June 2001 and on 2 November 2001 he wrote
to the finance center requesting SBP for R---. SBP coverage was
reinstated on R---‘s behalf and monthly premium began to be deducted
from the applicant’s retired pay on 1 July 2002. On 27 November
2002, more than five months after his wife’s coverage began, the
applicant again wrote to the finance center stating he had elected not
to participate in the SBP.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states that a participant’s spouse automatically becomes an
eligible beneficiary on the first anniversary of the marriage unless,
before that date, a valid election to not resume the coverage under
the provisions of PL 99-145 is sent to the finance center. The
applicant submitted a valid request to reinstate SBP coverage on R---
’s behalf within the time permitted, changed his mind about the
election, but did not submit a non-participation request until after
the first anniversary of his marriage. The applicant’s claim that
there is no reference in the DFAS survivor benefit guide, obtained
from the computer, that an election not to participate would be denied
is not valid. His request would have been honored if submitted within
the time prescribed. Further, chapter 4.1.2.3 of the DFAS-CL
Preparing For Your Military Retirement guide, found on the DFAS web
site, clearly provides instruction on the options available to members
who remarry after retirement. To provide the applicant an additional
opportunity to change his SBP election would be inequitable to other
members in similar situations and is not justified. Therefore, they
recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 March 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 the 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 in
Executive Session on 8 April 2003, under the provisions of AFI 36-
2603:
Mrs. Kathy L. Boockholdt, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 3 Mar 03.
Exhibit D. Letter, AFBCMR, dated 7 Mar 03.
KATHY L. BOOCKHOLDT
Panel Chair
AF | BCMR | CY2005 | BC-2005-03506
The applicant and current spouse were married on 2 July 1995 and he took no action to prevent SBP coverage from being established on her behalf. _________________________________________________________________ AIR FORCE EVALUATION: The Retiree Services Branch, HQ AFPC/DPPTR, reviewed this application and recommended denial stating there is no evidence of Air Force error or injustice. DPPTR states that if the Board’s decision is to grant relief, the member’s record should be corrected to...
AF | BCMR | CY2003 | BC-2002-03764
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommend that applicant’s request be denied and stated that there is no evidence of Air Force error or injustice, or merit in fact, nor basis in law to approve this case. Briefing material used at the time the member completed his RSFPP election clearly stated that “dependents acquired after you retire are not eligible to receive Family Protection Plan annuity payments,” payments would only...
STATEMENT OF FACTS: When a member fails to complete a valid SBP election prior to retirement, the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) automatically establishes coverage for all the retiree’s eligible beneficiaries by operation of law. AIR FORCE EVALUATION: The Chief, Retiree Activities Branch, HQ AFPC/DPPTR, advises that the applicant’s SBP coverage was established by DFAS-CL in accordance with the law, but could have been corrected administratively at the...
AF | BCMR | CY2003 | BC-2002-03879
It would be inequitable to those members, who chose to elect spouse coverage when eligible and subsequently received reduced retire pay, to provide an additional opportunity for this member to provide SBP coverage. Had the applicant elected SBP spouse coverage, his premiums would have been approximately $81 per month. The applicant had an opportunity to elect SBP coverage for his current spouse during the 1999- 2000 open enrollment period; however, he has not provided any evidence that he...
AF | BCMR | CY2003 | BC-2003-02194
On 2 June 2003, the applicant requested that the finance center stop the SBP. Furthermore, the applicant failed to respond to their 7 July 2003 letter requesting he obtain a notarized statement completed by his wife in which she acknowledges retired pay ceases when the applicant dies, that she is currently eligible to receive an annuity valued at approximately $774 per month (after the age of 62, no less than $492), and approval of this request would result in her receiving no...
AF | BCMR | CY2005 | BC-2004-00493
If the correct information had been provided to his former spouse, her SBP selection would have been “none.” In support of his request, applicant provided a letter from his former spouse’s attorney with a chronology of events surrounding the election of former spouse coverage; copies of his separation agreement and divorce decree; a copy of “A Guide to: Military Marriage Dissolution, Separation, Pension Division and DFAS DRO’s”; DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement...
AF | BCMR | CY2005 | BC-2005-00792
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPTR states there is no evidence the member returned to the SBP office prior to his retirement date to change the beneficiary category from spouse to former spouse. The applicant and current spouse were married on 28 September 2002, but he did not notify the finance center of the change in his marital status nor request coverage be established on his new wife’s behalf; therefore, the SBP data at...
AF | BCMR | CY2005 | BC-2005-00671
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00671 INDEX CODE: 137.3 COUNSEL: HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 MAY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to withdraw from Survivor Benefit Plan (SBP) program, effective 1 February 1977, based on the fact he was 100% VA disabled within the first five years of retirement. They also do...
AF | BCMR | CY2005 | BC-2005-01319
On 17 October 1998, PL 105-261 established an SBP open enrollment from 1 March 1999 through 29 February 2000 for servicemembers who were not participating at the fullest extent and a non-participant could elect coverage. The applicant’s records reflect his SBP coverage was terminated under PL 99-145 within the first year of his marriage to D. PL 105-261 did not prohibit servicemembers from making an election during open enrollment if they had not resumed spouse coverage when they remarried....
AF | BCMR | CY2006 | BC-2005-02657
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 02657 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 27 FEBRUARY 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased former spouse’s records be corrected to show that he elected coverage for her under the Survivor Benefit Plan (SBP). Neither she nor her ex- husband was ever informed...