DOCKET NUMBER: BC-2012-01043
RECORD OF PROCEEDINGS
COUNSEL: NONE
HEARING DESIRED: NO
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
The debt established by Survivor Benefit Plan (SBP) election be
remitted.
________________________________________________________________
APPLICANT CONTENDS THAT:
His SBP was suspended after divorcing his first wife in March
1993. On 29 December 2006, he married his current wife. In
April 2011, he added his wife to his records and incurred a
$5,434.88 debt. He is on a fixed income and cannot afford any
deductions out of his retirement pay.
In support of the appeal, the applicant provides a personal
statement, his marriage certificate and the SBP master
worksheet.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force who retired on
1 January 1977.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. SBP is basically irrevocable as
long as there is an eligible beneficiary. It is suspended when
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 automatically be 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 13th month and the
retroactive costs are computed when the remarriage becomes a
matter of record.
The applicant married his current spouse on 29 December 2006,
but he did not notify DFAS that he did not want to extend his
SBP coverage to her before the first anniversary of their
marriage. In April 2011, DFAS received the DD Form 2656-6, SBP
Election Change Certificate, from the applicant requesting to
resume the existing level of coverage for his new spouse with a
copy of their marriage certificate. DFAS reinstated the spousal
coverage retroactive to 29 December 2007. The monthly premiums
were deducted from his retirement pay as required by law and
they began retroactive recovery for the SBP premium.
Although there is no basis in the law to exempt a participant
from paying SBP monthly premiums, based on the applicant’s
financial hardship, he may request a waiver/remission of the
debt by submitting the debt to the address listed on the debt
notification letter.
There is no evidence of an error or injustice in this case.
The complete 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 11 May 2012, for review and comment within 30 days
(Exhibit C). As of this date, this office has received no
response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not 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 the
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. Additionally, as noted by the Air Force OPR, if the
applicant believes the debt is a hardship, he should consider
applying for a waiver or remission of the debt. Once he has
exhausted his administrative remedies and not received relief,
2
he may again apply to this board. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend
favorable consideration of the applicant’s request.
________________________________________________________________
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-2012-01043 in Executive Session on 27 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Mar 12, w/atch.
Exhibit B. Letter, AFPC/DPSIAR, dated 27 Apr 12.
Exhibit C. Letter, SAF/MRBR, dated 11 May 12.
Panel Chair
Panel Chair
Member
Member
3
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