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AF | BCMR | CY2005 | BC-2005-03506
Original file (BC-2005-03506.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03506
            INDEX CODE:  137.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  20 MARCH 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that  he  declined  Survivor  Benefit  Plan
(SBP) coverage for his current spouse.

_________________________________________________________________

APPLICANT CONTENDS THAT:

SBP payments are being taken from his retirement pay without his  permission
and will cause undue hardship.

In support of his request, the  applicant  submits  his  personal  statement
(unsigned), a newspaper  clipping,  and  a  copy  of  his  marriage  license
(current spouse).  The applicant's complete  submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant elected spouse and child coverage based on  full  retired  pay
prior  to  his  1  September  1991  retirement.   The   Defense   Enrollment
Eligibility Reporting System (DEERS) records reflect  the  parties  divorced
on 1 June 1992 and the applicant did  not  submit  an  election  for  former
spouse coverage.   The  spouse’s  portion  of  the  SBP  was  suspended  and
overpaid premiums refunded  to  the  applicant.   The  youngest  child  lost
eligibility October 1995.

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.
Therefore, she became the eligible spouse beneficiary on 2  July  1996.   In
August 2005, the applicant faxed a  cryptic  note  to  Defense  Finance  and
Accounting Service – Cleveland Center (DFAS-CL), giving his and his  current
spouse’s  social  security  numbers  and  the  words  “to   SBP.”    DFAS-CL
established current spouse coverage per his request and notified him of  the
retroactive premium debt (approximately $5,600).

_________________________________________________________________


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 Public Law (PL)  99-145,  8  Nov  85  (effective  1
March 1986) provides a one-year period during which  SBP  participants  with
suspended spouse coverage  who  subsequently  remarry,  may  choose  to  not
extend SBP protection to a newly-acquired  spouse.   Retirees  must  send  a
written request to deny SBP for the new spouse to DFAS-CL within  the  first
year following  remarriage.   Failure  to  request  termination  during  the
period authorized by  PL  99-145  results  in  the  previous  level  of  SBP
coverage being automatically reinstated on the spouse’s behalf on  the  date
of the first anniversary,  or  upon  the  birth  of  a  child  born  of  the
marriage, if earlier.

DPPTR states that if the Board’s decision is to grant relief,  the  member’s
record should be corrected to reflect he submitted a valid  request  not  to
extend SBP coverage to his current spouse before the  first  anniversary  of
their marriage,  and  correction  should  be  contingent  upon  obtaining  a
properly notarized statement concurring in the permanent revocation  of  SBP
coverage which has been in effect on her behalf since 2 July 1996.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 28 December 2005.  As of this date,  this  office  has
received no response (Exhibit D).
_________________________________________________________________

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 the recommendation of HQ  AFPC/DPPRT  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 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 10 February 2006, under the provisions of AFI 36-2603:

                       Ms. Kathy L. Boockholdt, Panel Chair
                       Ms. Renee M. Collier, Panel Member
                       Ms. Janet I. Hassan, Panel Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-03506.

      Exhibit A.  DD Form 149, dated 14 Nov 05.
      Exhibit B.  Letter, HQ AFPC/DPPRT, dated 27 Dec 05.
      Exhibit C.  Letter, SAF/MRBR, dated 28 Dec 05.




            KATHY L. BOOCKHOLDT
            Panel Chair

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