RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04108
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to reinstate spouse-only coverage under the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He only wanted to stop SBP coverage for his second wife in 1999.
In support of the request, the applicant provides a copy of his
Identification Card (ID), a marriage certificate, and a divorce
affidavit.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Mar 74, the applicant was retired in the grade of technical
sergeant.
Prior to his retirement, he elected spouse-only SBP coverage
based on full retired pay. His spouse died on 2 Nov 83 and the
applicant properly notified the Defense Finance and Accounting
Center (DFAS) and coverage was suspended.
On 10 Apr 98, the applicant remarried and on 18 Nov 98, he
notified DFAS to cancel spouse-only SBP coverage. DFAS honored
the applicants request and spouse-only coverage was terminated.
The applicant was divorced on 24 Apr 99. On 25 Jul 09, the
applicant remarried.
Public Law 99-145 allows a retiree to elect not to resume SBP
coverage for a subsequently acquired spouse, but requires the
member to take action before the first anniversary of the
marriage and spouse concurrence is not required for this action.
Once terminated, the member may not provide coverage for that
spouse, or a future spouse, unless during a specifically
authorized open enrollment. If a member fails to submit a valid
request to terminate spouse coverage, the new spouse will be
automatically covered at the previous level of the first
anniversary of the marriage. Premiums for the coverage are
effective the first day of the thirteenth month.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIAR recommends denial. DPSIAR states the there is no
evidence of an Air Force error or injustice in this application.
The applicants 18 Nov 98 request was a valid request and
clearly showed he did not want to reinstate SBP coverage after
his marriage. Further, approval of this request would provide
the applicant an additional opportunity, after the fact that is
not afforded to other members who decline SBP protection for
spouse after remarriage.
The complete HQ AFPC/DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Dec 10 for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
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. 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 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.
_________________________________________________________________
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 issues 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
BC-2010-04108 in Executive Session on 15 February 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Oct 10, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIAR, dated 6 Dec 10.
Exhibit C. Letter, SAF/MRBR, dated 23 Dec 10.
Panel Chair
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