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AF | BCMR | CY2012 | BC-2012-01043
Original file (BC-2012-01043.pdf) Auto-classification: Denied
 

     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 

  
  
  

 
 
 

 

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