RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02954
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show he did not reinstate suspended
Survivor Plan (SBP) coverage for his new spouse.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does not recall he was told he had to come in and make an election
not to continue SBP coverage for his new spouse within one year from
the date of their marriage.
In support of his appeal, the applicant has provided copies of his
marriage certificate and other related paperwork.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant retired effective 1 February 1972, prior to the Plan’s
implementation. His retired pay account reflected an election for
spouse only coverage based on a reduced level of retired pay. In
April, 1987, to comply with the provisions of Public Law (PL) 99-145,
the Air Force Accounting and Finance Center (AFAFC) performed a cross-
match with the Defense Enrollment Eligibility Reporting System (DEERS)
to determine if a participant with suspended spouse coverage had been
married more than one year and to gather missing data about eligible
spouses. As a result of the cross match, the applicant’s SBP data was
updated to reflect his wife’s date of birth (16 Sep 41). In April
1990, he provided documentation he was divorced in February 1976, SBP
premiums were suspended and he was refunded $2,981.08 for deductions
withheld from his retired pay (subject to the six-year statute of
limitations). DEERS reflects the member and his former spouse were
married on 1 July 1976. In 1998, he requested the Defense Finance and
Accounting Service (DFAS) to retroactively establish SBP coverage on
her behalf and agreed to pay unpaid SBP premiums, including the
previously refunded amount. DFAS retired pay system shows SBP
premiums were deducted from his retired pay until his spouse died on 2
March 2002. On 23 August 2005, DFAS received a certified copy of the
applicant and his third spouse’s marriage certificate and SBP costs
and coverage were reestablished on the first anniversary of the 11
August 2005 marriage.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. DPPRT states the implementing SBP
statute ensures that qualified, newly-acquired spouses are afforded
the protection of the SBP regardless of the member’s failure or delay
in requesting the coverage. This automatic feature of the SBP was
adjusted by PL 99-145, but requires the member to take the appropriate
action to cause coverage to not be extended. While DPPRT could not
confirm what the member understood or was told about this feature, he
offers no explanation for why he forwarded a copy of his and his
current spouse’s marriage certificate to DFAS. Nevertheless, DPPRT
feels it reasonable to conclude his action reflected intent to provide
her with SBP coverage.
DPPRT’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant contends he does not dispute that he did not recall he had
to make an election; however, he was told if he did not make an
election his coverage would not take effect by default. He does not
want the SBP coverage and his current spouse will not waive any
entitlement to SBP.
Applicant’s complete response is at Exhibit C.
_________________________________________________________________
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 an 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
office of primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. While the applicant contends he did not intend
to make a valid election covering his current spouse with SBP we, as
did the OPR, noted the fact that their certified marriage certificate
was sent to DFAS triggering Public Law (PL) 99-145 that affords SBP
coverage to newly-acquired spouses unless the member takes action to
cause coverage to not be extended. He failed to take action that
would deny her coverage. 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 AFBCMR Docket Number BC-
2006-02954 in Executive Session on 30 January 2007, under the
provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Sep 06, w/atchs
Exhibit B. Letter, AFPC/DPPRT, dated 9 Nov 06.
Exhibit C. Letter, SAF/MRBR, dated 17 Nov 06.
KATHLEEN F. GRAHAM
Panel Chair
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