RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03966
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His monthly payments under the Survivor Benefit Plan (SBP)
be terminated.
2. His SBP debt in the amount of $19,055.69 be terminated.
3. His monthly SBP interest payments in the amount of $92.80 be
terminated.
4. He be reimbursed for paid premiums.
5. His records be corrected to reflect he was divorced in Jan
97.
_________________________________________________________________
APPLICANT CONTENDS THAT:
AFBCMR Docket Number BC-2011-03866, dated 21 Mar 12, awarding
SBP coverage to his former spouse was processed without his
knowledge. In this respect, he contends the following:
1. He never received a letter of notification regarding the
previous BCMR case.
2. He never submitted a former spouse election within the first
year following his divorce as the law requires. If a letter was
sent by his former spouse within the first year following
their divorce, why was there no follow-up for 16 years until
now?
3. He has a right to stop paying future SBP annuity payments
because his former spouses eligibility for SBP terminated
following their divorce.
4. He should not be assessed a debt of $19,055.69 for someone
elses oversight or error. He is currently unemployed, on a
fixed income and not financially able to pay over $700.00 a
month for retroactive SBP premiums and interest.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. DPFFF states the Defense Finance
and Accounting Service-Cleveland Center (DFAS-CL) maintains
correspondence addresses after members retirements. Until Apr
09, the applicants address in DFAS-CLs files was 5561 48th
Street, Sacramento, CA. In Apr 09, the applicant notified DFAS-
CL his new address was 1907 Quail Valley East Drive, Missouri
City, TX, the same address his former spouse listed as her
address on her 30 Sep 11, BCMR application. Therefore, the two
letters SAF/MRBR sent to the applicant, first advising him of
his former spouses request for correction and subsequently
confirming DPSIARs advisory opinion had been forwarded to
SAF/MRBC and giving him 30 days to comment on the advisory, may
not have been delivered or forwarded to the applicant.
The applicants application reflects he resides at 2841 Mills
Avenue NE, Washington, DC and that is the address he provided
when he updated his Defense Enrollment Eligibility Reporting
System (DEERS) records on 19 Jun 12. However, DPFFF opines, a
former spouses right to apply for correction of a members
record (10 USC 1552g) does not require the Services to inform
the service member of the BCMRs action when the Board approves
enforcing a court document that awarded former spouse SBP
coverage. The applicant claims a financial hardship caused by
the debt for retroactive SBP premiums. He may submit a request
for waiver of the debt by completing and sending a DD Form 2789, Waiver/Remission of Indebtedness Application to DFAS-CL. This
is not to imply the debt would be waived.
DPFFF states that there is no evidence of an Air Force error and
they consider it to be appropriate to enforce the parties
court-ordered agreement to continue SBP coverage on the former
spouses behalf.
The complete DPFFF evaluation is at Exhibit C.
________________________________________________________________
APPLICANTS REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Oct 12, for review and comment within 30 days
(Exhibit D). 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 an error or injustice. After
thoroughly reviewing the evidence of record and noting the
applicants contentions, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt the rationale expressed as the basis for our
conclusion that the applicant has failed to sustain his burden
that he has been the victim of an error or injustice. In view
of the above and in the absence of evidence to the contrary, we
find no basis to recommend granting the relief sought in this
application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03966 in Executive Session on 7 May 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Aug 12, w/atch.
Exhibit B. Record of Proceedings, dated 21 Mar 12, w/atchs.
Exhibit C. Letter, AFPC/DPFFF, dated 2 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 23 Oct 12.
Panel Chair
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