RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02194
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to permit him to terminate spouse coverage
under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He called the Defense Finance and Accounting Service (DFAS) and was
informed the SBP would be cancelled per his telephone call. Taking
$90 out of his retired pay would cause an undue hardship.
In support of the appeal, applicant submits a copy of a Designation of
Beneficiary form, a letter from the Office of Personnel Management
confirming that they received his request not to elect a survivor
annuity benefit for his wife and that they had cancelled the election
per his request; three copies of a letter to DFAS requesting the SBP
be stopped effective immediately; a letter to the Board; Retiree
Inquiry Response Form, a statement from his wife, unsigned and
undated; a letter from applicant reporting the passing of his wife; a
copy of his wife’s death certificate; a letter from the applicant with
a copy of his marriage certificate requesting that SBP be started at
the appropriate time for his new wife; and a copy of his marriage
application. Applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 July 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 July 1991. The applicant’s wife L--- died on 25 April
1995; on 8 June 1995, DFAS - Cleveland Center (DFAS-CL) received the
applicant’s notification to stop spouse costs and SBP premiums were
suspended. The applicant married M--- on 30 May 2002 and on 5 June
2002 he wrote to the finance center requesting that she be added to
the SBP. Spouse premiums
were reinstated on the first anniversary of their marriage. On 2 June
2003, the applicant requested that the finance center stop the SBP.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states that the applicant submitted a valid request to
reinstate SBP coverage on M---‘s behalf, but failed to submit a non-
participation request until after the first anniversary of his
marriage. They can neither confirm nor deny the applicant’s claim
that he called the finance center during the required time limit and
requested that his coverage be terminated; however, based on the
applicant’s previous actions, it is reasonable to assume he knew he
had to submit a written request to make changes to the Plan.
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 monetary
benefit from the Air Force in the event of the applicant’s death. 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:
Applicant states that AFPC/DPPTA failed to note any reference to his
letters dated 6/2/03 and 6/27/03.
Applicant's complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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, in the absence of the the submission of the requisite
statement by the applicant’s spouse, 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, BC-
2003-02194, in Executive Session on 30 September 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 8 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 15 Aug 03.
Exhibit E. Applicant’s Response, dated 28 Aug 03, w/atch.
DAVID C. VAN GASBECK
Panel Chair
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