RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04366
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) election be corrected to reflect
child only coverage.
________________________________________________________________
APPLICANT CONTENDS THAT:
He nor his wife want SBP spouse coverage because of the cost for
catch-up.
He asked the Defense Finance Accounting Service (DFAS) how much
he would have to pay for SBP coverage. However, DFAS started
deducting his pay without informing him of the amount and
disregarded his instructions. He did not fill out a form to
elect coverage.
In support of his request, he provides a copy of his letter to
DFAS, dated 27 Feb 13.
The applicants complete submission, with attachment, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
Defense Enrollment Eligibility Reporting System (DEERS) records
show the applicant elected spouse and child SBP coverage based
on full retired pay prior to his 1 Aug 00 retirement.
On 23 Jun 05, he divorced and SBP spouse coverage was suspended.
On 17 Jan 09, the applicant and his current spouse were married
but he failed to inform DFAS-CL that he did not want to extend
SBP coverage to her before the first anniversary of their
marriage.
Upon learning of his remarriage, DFAS-CL reinstated spouse
coverage retroactive to 17 Jan 10 (the first anniversary of
their marriage). Monthly premiums began to be deducted from his
retired pay as required by law, and the retroactive SBP premium
debt (approximately $4,844) began to be recovered.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. There is no evidence of error or
injustice. SBP spouse coverage is irrevocable as long as there
is an eligible beneficiary, but is suspended when the spouse
loses eligibility. Public Law (PL) 99-145 allows a participant,
with suspended spouse coverage, to elect not to resume coverage
for a subsequently acquired spouse. However, the new spouse
will be automatically covered at the previous level on the first
anniversary of the marriage if the member takes no action before
that date. Premiums for the coverage become effective the first
day of the thirteenth month and the DFAS-CL will compute the
retroactive costs when evidence of the remarriage becomes a
matter of record. However, if the Boards decision is to grant
relief, the applicants records should be corrected to show that
on 16 Jan 10, he elected not to resume SBP spouse coverage.
Approval should be contingent upon obtaining a notarized
statement from his spouse concurring in the permanent revocation
of the SBP coverage in effect on her behalf since 17 Jan 10.
The complete DPFFF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 Dec 13, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days (Exhibit C).
As of this date, this office has not received a response.
________________________________________________________________
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 Air Force Office of Primary Responsibility (OPR) and
adopt the rationale expressed 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
that 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-2013-04366 in Executive Session on 27 Jun 14, under
the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentation was considered:
Exhibit A. DD Form 149, dated 9 Sep 13, w/atch.
Exhibit B. Letter, AFPC/DPFFF, dated 19 Nov 13.
Exhibit C. Letter, SAF/MRBR, dated 6 Dec 13.
Vice Chair
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