RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00416
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he declined coverage under the
Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He and his wife were misled into renewing SBP and it was not
explained to them that they would have to pay SBP back premiums.
His wife concurs with the decision to decline SBP. They are on
fixed incomes and cannot afford SBP.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The 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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial indicating there is no evidence of
an error or an injustice. DPFF notes spouse coverage under SBP
is irrevocable as long as there is an eligible beneficiary, but
the coverage is suspended when the spouse loses eligibility.
Public Law (PL) 99-145 allows for a participant, with suspended
spouse coverage, to elect not to resume coverage for a
subsequently acquired spouse. The new spouse will be
automatically covered at the previous level of coverage on the
first anniversary of the marriage if the service member fails to
take action before that date. Premiums for the coverage become
effective the first day of the thirteenth month and the
retroactive cost will be computed when evidence of the marriage
becomes a matter of record.
The applicant was married with children and elected spouse and
child SBP coverage based on full retired pay prior to his
1 Sep 87 retirement. The applicant was divorced on 3 Jul 90.
The SBP premiums were suspended in Jul 93. The applicant
married D. on 30 Oct 93 and failed to inform the Defense Finance
and Accounting Service Cleveland Center (DFAS-CL) that he did
not want to extend SBP for his new spouse. The applicants
youngest child lost eligibility 1 Jul 98. On 16 Aug 11, the
applicant requested to resume his SBP coverage. DFAS-CL
reinstated spouse coverage retroactive to 30 Oct 94, the first
anniversary of their marriage.
The SBP statute ensures that eligible spouses are afforded the
protection of the SBP regardless of the participant's failure or
delay in notifying DFAS-CL of their marriage. This automatic
feature under the statute requires a participant to take the
appropriate action to prevent coverage from being re-
established. To provide the applicant an additional opportunity
to terminate his SBP coverage would be inequitable to other
members in similar situations and is not justified by the facts.
Although the applicant indicates paying the premiums creates a
financial hardship, he may request waiver for the debt by
submitting a DD Form 2789, Waiver/Remission of Indebtedness
Application.
A complete copy of the AFPC/DPFFF 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 3 May 13, 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 an 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
recommendation of the Air Force office of primary responsibility
and adopt its rationale 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-2013-00416 in Executive Session on 7 Nov 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jan 13, w/atch.
Exhibit B. Letter, AFPC/DPFFF, dated 17 Apr 13.
Exhibit C. Letter, SAF/MRBR, dated 3 May 13.
Panel Chair
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