RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03485
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The $10,450.74 debt she incurred as a result of the Survivor
Benefit Plan (SBP) annuity costs be forgiven.
________________________________________________________________
APPLICANT CONTENDS THAT:
She had no knowledge that the SBP premiums were not being paid
by her late husband.
She feels it is unfair to penalize her for the debt by requiring
her annuity to go towards payment of the debt. Her income is
very limited and the annuity would help her make ends meet.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Jan 00, the applicant and the former member were married.
On 10 Apr 13, the former member passed away.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JBJE/CL recommends deny. JBJE/CL notes that according to
the law, Title 10, United States Code 1450(b) and 1455(b), when
the payment of premiums is in arrears no annuity may be paid
until that debt with interest (six percent compounded annually)
has been recovered. The SBP beneficiary will not receive the
annuity payments until the premiums are paid in full. All
premiums for the annuity must be paid in full in order to
receive monthly payments; the premium costs are not waiverable.
Therefore, 100 percent of the applicants monthly SBP annuity
payments goes towards the indebtedness; once the debt is paid in
full, the former spouse will begin receiving monthly SBP annuity
payments.
The decedent elected SBP spouse coverage for his first spouse in
1972 when the plan originated. On 4 Aug 96, she passed away.
At this time, his SBP coverage was suspended. On 14 Jan 00, the
decedent remarried; however, he never informed DFAS. Upon the
one-year anniversary, his second spouse became an eligible SBP
beneficiary. Since the decedent did not inform DFAS of his
remarriage, the SBP costs were not resumed on 1 Feb 01 as they
should have been. On 10 Apr 13, the former member passed away.
The complete DFAS 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 15 Oct 13 for review and response. 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 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 recommendation
of the DFAS office of primary responsibility and adopt its
rationale as the basis for our conclusion that 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-2013-03485 in Executive Session on 8 Jul 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jul 13, w/atchs.
Exhibit B. Letter, DFAS, dated 9 Sep 13.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 13.
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