RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02275
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) premiums for child only coverage
be terminated.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was not properly counseled on the cost of the premiums when
he made his election for child only coverage. He was never
informed of a charge for SBP when he talked to officials at the
Defense Finance and Accounting Service (DFAS) and cannot afford
the premium payments, which is around $60.00 a month.
In support of his appeal, the applicant provides a personal
statement and a copy of his DFAS Form 7220/148, Retiree Account
Statement, dated 17 May 12.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial, noting, in part, there is no
evidence of Air Force error or injustice in this case and no
basis in law to approve this request.
It is each SBP participant's responsibility to determine future
available options regarding their SBP coverage, and to seek
information if they do not understand those options. Based upon
the fact that child only coverage may not be terminated or
reduced, and a child acquired after the member's retirement may
not be denied coverage, the applicant had no option to prevent
his new children from being covered by the SBP when he acquired
them. Since his step-daughter (currently age 20) remains an
eligible child beneficiary, the monthly premium would not have
changed when his other daughter was born, and the applicant's
debt would be approximately $3,520 (plus interest) vice $5,755.
The monthly cost for child only coverage is based upon a formula
established by the Department of Defense (DoD) Office of the
Actuary. The actuarial factors are determined by the dates of
birth (DOB) of the member and the member's youngest child at the
time of retirement. The monthly SBP premiums do not change if
the member acquires a younger child after retiring, as long as
one of the originally-covered children remains eligible.
However, if all of the member's originally-covered children have
lost eligibility before a new child is acquired; the costs will
be recalculated based upon the current DOBs. There is no
provision in Title 10 USC Section 1447 to permit a member, who
elects SBP coverage for a child at the time of retirement, to
deny coverage for a dependent child acquired after retirement.
In addition, the DoD Financial Management Regulation 7000.14-R,
Volume 7B, Chapter 43.4.2., "Survivor Benefit Plan Elections
and Election Changes, describes processes for participants with
child coverage, and states that child coverage may not be
reduced nor eliminated.
The complete DPSIAR evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Jul 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(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, the Air Force office of primary
responsibility has conducted an exhaustive review of the
available evidence and we are in agreement with its opinion and
recommendation. Therefore, we adopt the rationale expressed 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-02275 in Executive Session on 19 December 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02275 was considered:
Exhibit A. DD Form 149, dated 25 May 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 3 Jul 12.
Exhibit C. Letter, SAF/MRBR, dated 17 Jul 12.
Panel Chair
AF | BCMR | CY2014 | BC 2014 01154
APPLICANT CONTENDS THAT: When she elected the RCSBP in 2000, she was informed she would only have to pay a premium for two years while her daughter was still under the age of 18. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS-JBJE/CL recommends denial indicating there is no evidence of an error or an injustice. The...
AF | BCMR | CY2008 | BC-2008-02601
He requested his former spouse be removed from SBP and stated that his current spouse wished to waive her right to SBP coverage. The finance center received his notification of divorce in Oct 95 and SBP spouse coverage and premiums were suspended. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a notarized statement from his current spouse waiving her right to SBP spouse coverage dated 15 Sep 08 (Exhibit D).
AF | BCMR | CY2012 | BC-2012-01309
The deceased former member believed his three youngest children were beneficiaries of his SBP due to the fact that he elected spouse and child coverage. Subsequently, the applicant and the deceased member had three children, but there is no evidence the deceased advised DFAS-CL of the birth of these three children. The member’s failure to properly advise DFAS-CL of the children’s birth does not negate their eligibility as contingent SBP beneficiaries.
AF | BCMR | CY2012 | BC-2012-01917
_________________________________________________________________ STATEMENT OF FACTS: On 18 Feb 82, the applicant and his former spouse were married, and he elected spouse and child SBP coverage based on full retired pay prior to his August 96 retirement. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. After a thorough review of the facts and circumstances of this...
AF | BCMR | CY2013 | BC-2012-02487
DFAS records reflect the applicant did not report the divorce until 22 February 2010, but at that time, the spouse’s portion of SBP coverage was retroactively suspended. On 2 August 2010, the applicant notified DFAS that he had a new child, but when he remarried on 23 September 2010, there was no evidence he properly terminated spouse coverage within the first year of their marriage. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree...
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 | 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 | CY2011 | BC-2011-05043
Had he known about his cancer at the time of his retirement, he would have elected SBP coverage based on full retired pay. A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that his cancer was present prior to his retirement and provides copies of additional medical documentation as well as an extract from correspondence from the Department of...
AF | BCMR | CY2012 | BC-2012-00798
DPSIAR states the applicant was properly briefed on the options and effects of the SBP by the Dyess Air Force Base SBP counselor prior to retirement, including the disenrollment provision. There is no provision in the law that allows the one-year disenrollment period to be extended or suspended because a member is recalled to active duty. His wife’s notarized signature on the DD Form 2656-2 is included with his rebuttal.
AF | BCMR | CY2011 | BC-2010-02275
He faxed his election not to participate in the SBP four times and the Defense Finance Accounting Service (DFAS) enrolled them in SBP against their will. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. The complete AFPC/DPSIAR evaluation is at Exhibit...