RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02601
            INDEX CODE:  137.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

      1.  He be allowed to terminate  spouse  coverage  under  the  Survivor
Benefit Plan (SBP) program.

      2.  He be relieved  from  the  debt  that  occurred  from  unpaid  SBP
premiums.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He became aware of the SBP premium debt in Apr 08.  He  called  the  Defense
Finance and Accounting Service (DFAS) office and was told the debt  was  for
unpaid premiums for the last 12 years.  He  explained  he  had  divorced  in
1995 and remarried in 1997.  He requested his former spouse be removed  from
SBP and stated that his current spouse wished to  waive  her  right  to  SBP
coverage.  He was told he would receive paperwork to  complete  and  return;
however, he never received anything.  Later, he was advised  to  submit  his
information to DFAS in writing and  it  would  be  processed  and  corrected
within 30 days.  When he called for the status, he was told  DFAS  could  do
nothing and he needed to contact the SBP section.   The  SBP  representative
informed him that he should have submitted his  request  in  1997.   He  was
advised to submit a DD Form 149 for correction of his records.

He can only surmise that his former  spouse  was  removed  and  his  current
spouse was added.  He should not have to  pay  for  something  he  does  not
want.  He is a 22 year retired and disabled veteran who cannot  obtain  full
time employment.  His retirement is his only source of income.

In support of the application, he submits his personal statement,  a  waiver
statement from his current  spouse,  his  waiver/remission  of  indebtedness
application, a copy of his marriage record, copies of  his  retiree  account
statements, his DD Form 214, a letter from his  physician,  and  an  excerpt
from his divorce decree.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

SBP spouse  coverage  is  irrevocable  as  long  as  there  is  an  eligible
beneficiary, but is suspended if the spouse loses eligibility.   Public  Law
(PL) 99-145 allows a participant with suspended  spouse  coverage  to  elect
not to resume coverage for a subsequently  acquired  spouse.   However,  the
new spouse will be automatically covered at the previous level on the  first
anniversary of the marriage if the member takes no action before that  date.
 Premiums for the coverage become effective the first day of the  thirteenth
month and DFAS will compute the  retroactive  costs  when  evidence  of  the
remarriage becomes a matter of record.

While married to his former  spouse,  the  retired  service  member  elected
spouse and child SBP coverage  prior  to  his  1  Oct  93  retirement.   The
parties divorced on 22 Sep 95 and the divorce decree was silent on the  SBP.
 The finance center received his notification of divorce in Oct 95  and  SBP
spouse coverage and premiums were suspended.  He remarried on 6 Mar 97,  but
did not notify the finance center that he wished to decline SBP coverage  on
his new spouse before their first anniversary.  In  Mar  08,  DFAS  received
his designation  of  beneficiary  form,  specifically  used  to  identify  a
retiree’s arrears of retired pay  beneficiary  vice  updating  SBP  actions.
Upon learning that the member had a  wife,  the  finance  center  reinstated
spouse coverage retroactive to  6  Mar  98  as  required  by  law.   Monthly
premiums began to be deducted from his retired pay and the  retroactive  SBP
premium debt (approximately $6,830) began to  be  recovered.   The  youngest
child lost eligibility effective Jul 08.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIAR  recommends  denial.   DPSIAR  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
notifying the finance center.  This automatic feature was adjusted  by  law,
but requires a  participant  to  take  the  appropriate  action  to  prevent
coverage from being established.  However, DFAS is obligated to  reestablish
suspended SBP spouse coverage when notified by a retiree that he or she  has
remarried.

DPSIAR opines while the applicant acted in a timely manner when he  notified
DFAS of his divorce from his first spouse, it is reasonable  to  expect  him
to have also informed the finance center of his newly-acquired spouse.   Had
he died after the first anniversary of  his  second  marriage,  his  current
spouse would have been entitled to receive $640 after any SBP  premium  debt
had been recovered.  To provide him an additional opportunity  to  terminate
his  SBP  election  would  be  inequitable  to  other  members  in   similar
situations and is not justified by the facts.

DPSIAR states although there is no basis in  law  to  exempt  a  participant
from paying SBP monthly premiums, the  applicant  may  complete  a  DD  Form
2789,  Waiver/Remission  of  Indebtedness  Application,  include   pertinent
documents, and submit the request to  the  address  reflected  on  the  debt
notification letter.

The complete DSPIAR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  provided  a  notarized  statement  from  his  current  spouse
waiving her right to SBP spouse coverage dated 15 Sep 08 (Exhibit D).

_________________________________________________________________

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  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  office  of  primary
responsibility and adopt its 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 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 probable 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 20 November 2008, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Ms. B.J. White-Olson, Member
            Ms. Patricia R. Collins, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2008-02601
was considered:

      Exhibit A.  DD Form 149, dated 1 Jul 08, w/atchs.
      Exhibit B.  Letter, HQ AFPC/DPSIAR, dated 6 Aug 08.
      Exhibit C.  Letter, SAF/MRBR dated 29 Aug 08.
      Exhibit D.  Notarized Ltr, Applicant Spouse, dtd 15 Sep 08.




            THOMAS S. MARKIEWICZ
            Chair