AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02487
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show he did not add his new wife to
his Survivor Benefit Plan (SBP) coverage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He thought if he did not tell the Defense Finance and Accounting
Service (DFAS) of his post-retirement marriage, he could not add
her after the one-year period.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant elected spouse and child SBP coverage based on full
retired pay prior to being permanently retired for disability on
13 September 2008. The Defense Enrollment Eligibility Reporting
System (DEERS) reflects the applicant and his former spouse
divorced on 23 December 2009. 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. As a result, his
current spouse became the eligible spouse beneficiary by
operation of law on 23 September 2011. Monthly premiums of
approximately $133 should have begun to be deducted from the
applicant’s retired pay on 1 October 2011, but they did not.
Therefore, there is a debt of over $1,500 for the spouse’s
portion of the SBP coverage which continues to accrue.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states there is no
evidence of an Air Force error in this case. The implementing
SBP statute ensured that qualified, newly acquired spouses are
afforded the protection of SBP regardless of the retired member’s
failure or delay in requesting the coverage. This automatic
feature of the SBP was adjusted by Public Law 99-145, but
requires the member to take the appropriate action to cause
coverage to not be extended. The record reflects the applicant
properly advised DFAS of his divorce and new child’s birth.
Therefore, it is reasonable that he should have understood the
importance of making timely notification following his second
marriage to determine SBP options. Notices were routinely
published in the Afterburner, News for USAF Retired Personnel,
describing a participant’s need to act on SBP matters following
changes in marital status. In the event of the applicant’s
death, his current wife would receive SBP annuity payments of
approximately $1,127 after recovery of the premium debt.
Approval of this request would provide the applicant an
additional opportunity to change his SBP coverage not afforded to
other retirees similarly situated and is not justified by the
facts of the case.
The complete DPSIAR 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 20 August 2012, for review and comment within 30 days (Exhibit
C). As of this date, this office has received no 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 and adopt their
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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
2
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02487 in Executive Session on 12 February 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-02487:
Exhibit A. DD Form 149, dated 31 May 12, w/atchs.
Exhibit B. Letter, ARPC/DPSIAR, dated 3 Aug 12.
Exhibit C. Letter, SAF/MRBR, dated 20 Aug 12.
, Panel Chair
, Member
, Member
Panel Chair
3
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