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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