RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-00206
	XXXXXXXXXX	COUNSEL: NONE
		EARING DESIRED: NO


APPLICANT REQUESTS THAT:

1.  He be allowed to terminate spouse only coverage under the 
Survivor Benefit Plan (SBP).

2.  SBP premiums previously withheld from his retired pay be 
refunded to him.


APPLICANT CONTENDS THAT:

He has been married numerous times and after his first divorce 
and subsequent re-marriages, he was never contacted by the 
Defense Finance and Accounting Service (DFAS) to enroll or 
disenroll any of his former or current spouses.  He now 
understands that he has to initiate the process to participate 
in the program.  In midyear 2012, he sent an inquiry to the 
Retired and Annuitant pay personnel questioning as to what it 
would take to enroll his new spouse in the SBP program.  In late 
2013, he received a Retiree Account Statement (RAS) with a 
deduction of approximately $90.00.  Shortly thereafter, he 
received another RAS accompanied by a letter and documents that 
he had incurred a SBP debt dating back to the anniversary of his 
marriage to his current spouse.  Since this program is voluntary 
he and his wife have decided that they do not want to 
participate in the program.  He already has civilian insurance 
and if he has to absorb the debt which has been levied by DFAS, 
he and his wife will not be able to meet their financial 
obligations.  He and his spouse have been placed in an untenable 
position by participating in SBP.  Simply stated, they will not 
survive financially if they have to wait until this debt to SBP 
is satisfied. 

In support of his requests the applicant provides a personal 
statement, a statement from his current spouse concurring with 
his decision to “non-participate” in SBP, copies of memorandums, 
his RAS and various other documents associated with his 
requests.

The applicant's complete submission, with attachments, is at 
Exhibit A.


?
AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  There is no evidence of Air Force 
error or injustice in this case.  SBP spouse coverage is 
basically 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 DFAS - Cleveland Center (DFAS-
CL) will compute the retroactive costs when evidence of the 
remarriage becomes a matter of record.

Defense Enrollment Eligibility Reporting System (DEERS) records 
show the applicant and his first spouse were married and he 
elected spouse and child SBP coverage based on full retired pay 
prior to his 1 October 1991 retirement.  The parties divorced on 
25 June 1992, and the applicant requested DFAS-CL stop coverage 
for his first wife.  DFAS-CL suspended the spouse's portion of 
SBP coverage retroactive to the date of their divorce.  DEERS 
records show the applicant married his second spouse on 
20 November 1993; however, he failed to notify DFAS-CL of his 
re-marriage.  On 22 September 2010, the applicant and his second 
wife divorced.  The applicant and his current spouse were 
married on 14 January 2011, but he failed to inform DFAS of 
their marriage and that he did not want to extend SBP coverage 
to her before the first anniversary of their marriage.  On 
23 June 2012, DFAS-CL received a letter from the applicant, 
stating that he wanted his current spouse to have SBP coverage.  
Upon learning of the applicant’s re-marriage, DFAS-CL reinstated 
spouse coverage retroactive to 14 January 2012.  Monthly 
premiums began to be deducted from his retired pay as required 
by law, and the retroactive SBP premium debt (approximately 
$1,768) began to be recovered.  The youngest child lost 
eligibility in July 2012 due to age.

The implementing SBP statute ensured that qualified, newly-
acquired spouses are afforded the protection of the SBP 
regardless of the member's failure or delay in notifying the 
finance center.  This automatic feature of the SBP was adjusted 
by PL 99-145, but requires a participant to take the appropriate 
action to prevent coverage from being established.  It is 
unfortunate that the applicant failed to notify DFAS in a timely 
manner that he did not wish to extend SBP coverage following his 
previous remarriages or his marriage to his current spouse. 
Information is regularly published in the Afterburner, News for 
USAF Retired Personnel, reminding retirees of their options upon 
remarriage.  Retired members are personally responsible to 
ensure they obtain or exempt their dependents' entitlement to 
military benefits.  Participants must contact the finance center 
immediately upon gaining or losing a potential SBP beneficiary.  
While the applicant acted in a timely manner when he notified 
DFAS-CL of his divorce from his first wife, it is reasonable to 
expect him to have also informed the finance center of any 
newly-acquired spouse.  In the event the applicant had died, his 
current spouse would have been entitled to receive approximately 
$824 after the SBP premium debt had been satisfied.  To provide 
the applicant an additional opportunity to terminate his SBP 
election would be inequitable to other members in similar 
situations and is not justified by the facts.

Although there is no basis in law to exempt a participant from 
paying SBP monthly premiums, based on the applicant's admitted 
financial hardship, he may complete a DD Form 2789, 
Waiver/Remission of Indebtedness Application, include copies of 
all pertinent documents, and submit the request to the address 
listed on his debt notification letter.

The complete DPFFF evaluation is at Exhibit B.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 25 April 2014, a copy of the Air Force evaluation was 
forwarded to the applicant 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 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 the 
rationale expressed 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 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 this application 
in Executive Session on 22 November 2014, under the provisions 
of AFI 36-2603:

      , Vice Chair
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-
2014-00206:

      Exhibit A.  DD Form 149, dated 26 December 2013, w/atchs.
      Exhibit B.  Letter, ARPC/DPFFF, dated 14 April 2014.
      Exhibit C.  Letter, SAF/MRBR, dated 25 April 2014.