RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02392
INDEX CODE: 137.01
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His participation in the Survivor Benefit Plan (SBP) program be terminated
effective 1 Jan 02.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Because his spouse would be entitled to Dependency Indemnity Compensation
(DIC) in the amount of $945 a month, which surpasses the SBP annuity
amount, she would not be entitled to receive an SBP annuity.
In support of his request, applicant provided a personal statement and
documentation associated with a Congressional inquiry. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was retired for disability reasons on 16 Feb 60. During the
SBP initial enrollment period, he elected spouse-only SBP coverage based on
full retired pay. He currently has a Department of Veterans Affairs (DVA)
disability rating of 60 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR reviewed applicant's request and recommends denial. DPPTR
states that Public Law 96-402 permits members who have been rated 100
percent disabled by the DVA for five continuous years immediately following
retirement, or ten consecutive years if rated 100 percent after retirement,
to withdraw from SBP. They are permitted to withdraw because their deaths
will be presumed to be service-connected; therefore, their surviving
spouses will be entitled to monthly DIC payments from the DVA. DIC reduces
SBP annuity dollar-for-dollar. If a member withdraws under this provision,
there is no refund of premiums; however, applicable spouse premiums can be
refunded to the spouse following the member's death. The applicant's
current DVA rating is 60 percent. Unless he is rated 100 percent by the
DVA and maintains that rating for 10 continuous years, he is ineligible to
withdraw from the plan. He could have terminated his SBP coverage during
the 1998 - 1999 open disenrollment period, but did not submit a request to
do so. During this period he had time and resources to obtain guidance on
disenrollment procedures. There is no provision for waiving or extending
the one-year period authorized to terminate participation.
The DPPTR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 Aug
02 for review and comment within 30 days. 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 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. After a thorough review of the evidence
of record and the applicant's submission, we are not persuaded that relief
is warranted. We agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 Docket Number 02-02392 in
Executive Session on 21 Jan 03, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jul 02, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 20 Aug 02.
Exhibit C. Letter, SAF/MRBR, dated 23 Aug 02.
DAVID C. VAN GASBECK
Panel Chair
AF | BCMR | CY2003 | BC-2002-02392
DPPTR states that Public Law 96-402 permits members who have been rated 100 percent disabled by the DVA for five continuous years immediately following retirement, or ten consecutive years if rated 100 percent after retirement, to withdraw from SBP. He could have terminated his SBP coverage during the 1998 - 1999 open disenrollment period, but did not submit a request to do so. _________________________________________________________________ The following members of the Board considered...
_________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant was married and elected child only SBP coverage based on full retired pay prior to his 12 May 83 disability retirement. If a member withdraws under this provision, there is no immediate refund of premiums; however, applicable spouse premiums paid by the member can be refunded to the spouse following the member’s death. ...
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-2005-01269
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 01269 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 OCTOBER 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to terminate his spouse only coverage under the Survivor Benefit Plan (SBP) retroactive to the date of his Civil Service (CS) retirement (24 May 1973). PL 92-425,...
However, the law provides two mechanisms for changing spouse coverage to former spouse coverage, which must be exercised within the first year following divorce. If neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. The decedent and the applicant were married on 28 Dec 83; in Sep 85, the decedent notified the finance center of the change in his marital status and spouse...
He was advised that his wife’s SBP annuity would be offset by DIC. ________________________________________________________________ STATEMENT OF FACTS: Prior to his disability retirement, effective 20 Jul 68, the applicant made an election under the RSFPP. However, his surviving spouse receives a refund of SBP premiums resulting from the reduction to the SBP annuity after the VA awards DIC.
ARMY | BCMR | CY2008 | 20080012219
A copy of the applicant's Summary of Retired Pay Account shows DFAS did not receive the applicant's SBP election certificate. On 17 January 2008, DFAS received the applicant's SBP Benefit Withdrawal Consent Form with spousal consent. The evidence of record confirms that prior to his retirement from the Army Reserve the applicant attempted to enroll in the RCSBP during an open season in 2005, and his application was returned due to it being incomplete.
The service member and G. (the applicant) were married on 14 Sep 94; however, the service member did not notify DFAS of the change in his martial status nor did he request to establish coverage for his new spouse. On 21 Feb 01, the service member's former spouse (M.) submitted a request for correction of his military records to entitle her to an SBP annuity. The beneficiary form that the applicant refers to was to entitle her to the service member's unpaid retired pay, not as a beneficiary...
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPTR recommends the application be denied. At that time, spouse coverage was suspended and premiums deducted after the divorce were refunded to the member. DPPTR indicated that the law in...
AF | BCMR | CY2002 | BC-2002-03158
The applicant and the member divorced on 3 February 1983. Effective 1 March 1986, Public Law (PL) 99-145 permitted retiring members to select SBP coverage for a former spouse with the same cost as coverage options as a spouse. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that SBP was set up to protect the spouse and this is why a spouse’s signature is...