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Decision Text

AF | BCMR | CY2012 | BC 2012 03065
Original file (BC 2012 03065.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03065
	COUNSEL: NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  SBP premiums previously withheld from his retired pay be 
refunded to him.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was not aware he would be charged retroactive SBP premiums.

In support of his request the applicant provides a copy of a 
letter from the Defense Finance and Accounting Service (DFAS).

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

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force Office of Primary Responsibility (OPR).  Accordingly, 
there is no need to recite these facts in this Record of 
Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial.  DPSIAR states, the applicant's 
claim that he did not know he would be charged retroactive SBP 
premiums is without merit.  Title 10 USC Section 1452(a)(1) 
requires the retired pay of a participant be reduced to secure 
SBP coverage for a spouse beneficiary; there is no provision in 
the law controlling the SBP to waive current or retroactive SBP 
costs.  Furthermore, he had ample time to research the options 
and effects of the SBP and decide whether or not the Plan would 
suit his family's financial needs prior to submitting an 
election.  Providing this applicant a third opportunity to elect 
or not elect SBP coverage would be inequitable to other retirees 
in similar situations, and is not justified by the facts.   
However, if the Board's decision is to grant relief, the 
applicant's record should be corrected by voiding DPSIAR's 8 Feb 
2012 Administrative Correction to establish SBP spouse coverage 
based on $300.  Approval should be contingent upon the 
applicant's wife providing a properly notarized statement in 
which she permanently waives her eligibility to receive a 
monthly SBP annuity valued at $165.

The complete DPSIAR evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 Aug 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (Exhibit C).

________________________________________________________________

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.

________________________________________________________________

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 12 Feb 2013, under the provisions of AFI 
36-2603:

       Panel Chair 
       Member
       Member

The following documentary evidence was considered in AFBCMR BC-
2012-03065:

    Exhibit A.  DD Form 149, dated 2 May 2012, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIAR, dated 1 Aug 2012.
    Exhibit C.  Letter, SAF/MRBR, dated 22 Aug 2012.




								
								Panel Chair

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