RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01881
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His records be corrected to show he terminated Survivor Benefit
Plan (SBP) coverage.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
When he was rated to be 100 percent disabled by the Department
of Veterans Affairs (DVA), he was not informed or given the
opportunity to withdraw from SBP.
In support of his application, the applicant submits a letter
from his congressman, copies of letters from the Air Force and
DFAS, other documents relative to the issue.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant elected SBP spouse and child coverage prior to his
1 Jul 89 retirement.
On 19 Jun 90, the DVA awarded the applicant a 30 percent
disability rating for his service connected heart disease and
left shoulder dislocation.
The DVA notified the applicant effective 1 Jul 94 his disability
rating has been increased from 30 percent to 100 percent for his
service connected medical condition (Multiple Myleoma).
Title 10 U.S.C, Section 1452 permits retirees, after being rated
totally disabled by the VA for 10 consecutive years (or 5 years
if awarded 100 percent VA disability rating at retirement) to
terminate their SBP participation. Termination request must be
submitted in writing and sent to the Defense Finance and
Accounting Service Cleveland Center (DFAS-CL) with the
spouses consent. In addition, the member must provide proof of
the date and continued total disability award from the VA.
Termination of SBP coverage and monthly premiums are effective
the month following DFAS-CLs receipt of a valid request. SBP
premiums paid prior to the effective date of termination are not
refunded.
The applicant incurred a $32,000.00 debt due to his failure to
pay SBP premiums when his Air Force retirement was offset by is
DVA disability payments. The applicant applied for a waiver of
the debt and DFAS-CL denied the request.
On 10 Jul 04, the applicant submitted a request to terminate his
SBP coverage. There is no evidence DFAS-CL received the
termination request. The applicant submitted a valid, written
request to terminate his SBP coverage and his participation was
terminated effective 1 Aug 08.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends relief be granted. While they cannot
confirm or deny whether the applicant was provided the
opportunity to terminate his SBP coverage after being rated 100
percent disabled, it is reasonable to presume the applicant
would have taken the required action had he been aware of his
eligibility to terminate his SBP coverage.
The complete 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 19 Jun 12, for review and comment within 30 days (Exhibit C).
As of this date, no response has been received by this office.
_______________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After
thoroughly reviewing the documentation submitted with this
appeal, we find the evidence is sufficient for us to recommend,
in the interest of justice, that the applicants record be
corrected. In that regard, we note that it appears the
applicant may not have received the information regarding
terminating SBP coverage after being rated 100 percent disabled
for ten years by the Department of Veterans Affairs (DVA).
Therefore, taking into consideration the opinion and
recommendation of the Air Force office of primary
responsibility, we recommend the applicants records be
corrected as indicated below.
________________________________________________________________
_
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that on 1 Jul 04,
under the provisions of Title 10 U.S.C, Section 1452, he
submitted a valid request to terminate his Survivor Benefit Plan
coverage, and his spouse concurred in his decision.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2012-01881 in Executive Session on 19 December 2012,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 May 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 12 Jun 12.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
3
AF | BCMR | CY2012 | BC-2012-00429
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial, indicating there is no evidence of an error or injustice. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She was not provided or informed on the law and requirements of SBP. Had she been informed or provided the information on the requirements of the law pertaining to SBP she would have been able to make a...
AF | BCMR | CY2012 | BC-2012-02752
There is no evidence of Air Force error in this case and absent a competing claimant, DPSIAR recommends the member's record be corrected to reflect on 10 Apr 2009, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made a...
AF | BCMR | CY2012 | BC-2012-02598
There is no evidence of Air Force error in this case; however, absent a competing claimant and to prevent a possible injustice, DPSIAR recommends the member's record be corrected to reflect he elected former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made...
AF | BCMR | CY2012 | BC 2012 02598
There is no evidence of Air Force error in this case; however, absent a competing claimant and to prevent a possible injustice, DPSIAR recommends the member's record be corrected to reflect he elected former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made...
AF | BCMR | CY2012 | BC 2012 02752
The member did not request coverage for his former spouse be terminated and the fact that SBP premiums were deducted from his retired pay for over three years following their divorce are indicative of his intent to maintain the applicant as the eligible SBP beneficiary. There is no evidence of Air Force error in this case and absent a competing claimant, DPSIAR recommends the member's record be corrected to reflect on 10 Apr 2009, he elected to change SBP spouse to former spouse coverage...
AF | BCMR | CY2005 | BC-2005-01269
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 01269 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 OCTOBER 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to terminate his spouse only coverage under the Survivor Benefit Plan (SBP) retroactive to the date of his Civil Service (CS) retirement (24 May 1973). PL 92-425,...
AF | BCMR | CY2012 | BC-2012-01857
There is no indication the member submitted an election to change spouse coverage to former spouse coverage before 21 May 2005, as required by law. There is no evidence of Air Force error in this case; however, in the interest of justice, DPSIAR recommends the member's record be corrected to show he elected SBP former spouse only coverage based on full retired pay effective 22 May 2004, naming his former spouse as the eligible former spouse beneficiary. ...
AF | BCMR | CY2012 | BC-2012-03938
DPSIAR forwarded these documents to DFAS-CL and requested her SBP record be adjusted to reflect child only coverage based on full retired pay under the SBP, retroactive to her 1 October 1996 retirement, stop spouse SBP premium and refund the difference in monthly premiums subject to the 6-year statute of limitations. Evidence has been provided that supports the applicant was not married and attempted to elect child only coverage prior to her 1 October 1996 retirement. ...
AF | BCMR | CY2012 | BC-2012-00128
DPSIAR states there is no evidence of Air Force error in this case; however, in the interest of justice and absent a competing claimant, DPSIAR recommends the member's record be corrected to show he elected SBP former spouse coverage based on the previous reduced level of retired pay effective 31 May 2007, naming his former spouse as beneficiary. To date, a response has not been received (Exhibit C). _______________________________________________________________ THE BOARD RECOMMENDS...
AF | BCMR | CY2013 | BC 2013 01431
The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial, indicating there is no evidence of an error or injustice. The deceased former member retired on 31 May 96 and declined SBP coverage. The applicant became entitled to DIC...