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AF | BCMR | CY2012 | BC-2012-04527
Original file (BC-2012-04527.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:
		DOCKET NUMBER:  BC-2012-04527
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to terminate spouse coverage under the Survivor 
Benefit Plan (SBP).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was in an automobile accident and suffered from traumatic 
brain injury and does not have any memory of the decision he may 
have made when he got out of the military.

In support of the applicant’s appeal, he provides a personal 
statement.

The applicant's complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force at 
Exhibit B.

________________________________________________________________
_

AIR FORCE EVALUATION:

DPFFF recommends denial.  DPFFF states the applicant and his 
spouse were married, had dependent children, and he elected 
spouse and child coverage based on full retired pay under the 
SBP prior to being permanently retired for disability effective 
19 April 1994.  On 25 March 1994, the SBP counselor at MacDill 
AFB FL, briefed him on the options and effects of the SBP, and 
there is no indication he was confused or not capable of making 
an SBP decision.  The member’s retired pay has been exceeded by 
the disability compensation awarded to him by the Department of 
Veterans’ Affairs (VA) since his retirement.  As a result, there 
was and is not sufficient retired pay remaining after the VA 
reduces his retired pay for DFAS-CL to collect monthly SBP 
premiums.  The applicant has directly remitted some of the SBP 
premiums, but has accrued an outstanding and increasing debt of 
approximately $3,980.  The Defense Enrollment Eligibility 
Reporting System (DEERS) reflect he and his spouse divorced on 
29 September 1995, and he and his second spouse married on 
10 November 1999.  By operation of law, and absent an election 
for former spouse coverage, or an election to not resume SBP 
coverage on her behalf, the second spouse became the SBP spouse 
beneficiary on the first anniversary of their marriage.  DFAS-CL 
provided a copy of the applicant’s 18 March 2011 DD Form 2656-6, 
Survivor Benefit Plan Election Change Certificate, in which he 
requested SBP coverage be established on his second spouse’s 
behalf.  The DD Form 2656-6 contained an additional statement, 
signed by the applicant, that he would “continue to pay back-
payments until there is no back-payments.”

There is no indication the member was improperly counseled prior 
to his retirement when he made a valid election for spouse 
coverage.  Following his marriage to his second spouse and 
before they submitted their request to DFAS-CL to update his SBP 
records, they had ample opportunity to investigate SBP 
alternatives and options.  The member offers no explanation of 
why he requested DFAS-CL establish SBP coverage on his spouse’s 
behalf and then subsequently, request that coverage be 
terminated.  In the event of his death, DFAS-CL would suppress 
the spouse’s $397 monthly SBP payments until the retroactive 
premium debt is recovered.  It would be inequitable to those 
members, who properly did not reinstate spouse coverage during 
the time authorized to exercise this option, to provide an 
additional opportunity for this member to change his SBP 
election.  There is no evidence of error or injustice in this 
case.

The DPFFF complete evaluation is at Exhibit B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he desires to disenroll from SBP.  He has 
insurance that benefits him more than SBP.

The applicant’s response is at Exhibit D.

________________________________________________________________
_

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 an error or an 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 failed to sustain his burden of proof of the 
existence 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 an 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-2012-04527 in Executive Session on 31 July 2013 and 
1 August 2013, under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 27 September 2012, w/atch.
  Exhibit B.  Letter, AFPC/DPFFF, dated 26 October 2012.
  Exhibit C.  Letter, SAF/MRBR, dated 5 November 2012.
  Exhibit D.  Letter, Applicant, dated 19 November 2012.

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