RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03908
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to terminate his existing Survivor
Benefit Plan (SBP) coverage and return to a status where he did
not elect SBP, as was the case when he retired in 2012.
APPLICANT CONTENDS THAT:
Defense Finance and Accounting Service (DFAS) has levied a $10,000
debt on him, for retroactive SBP premiums, for enrolling in SBP
after retirement. When he retired in 2012, he and his spouse
elected no SBP. In 2014, he enrolled in SBP and thought premiums
would start from the date of enrollment, not be applied
retroactively from the date of retirement. Had he been properly
counseled about back-premiums and interest charges during
enrollment in 2014, he would not have elected SBP. He now
requests to be returned to his original status (without spouse SBP
coverage).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 29 Aug 83, the applicant entered the Air Force Reserve.
On 15 Nov 11, the applicant elected to not participate in SBP the
on DD Form 2656, Data for Payment of Retired Personnel, indicating
he did not have eligible dependents under the plan.
On 15 Dec 11, the applicant signed the Certification of SBP
Briefing.
On 25 Jan 12, the applicant elected SBP coverage for spouse and
children on DD Form 2656, Data for Payment of Retired Personnel,
indicating coverage based on full gross pay.
On 31 Jan 12, the applicant was relieved and retired, effective
1 Feb 12, and was credited with 22 years, 5 months, and 7 days of
active service.
ON 30 Sep 14, SAF/MRBR requested the applicant complete and return
the Survivor Benefit ProgramMarital Status Affidavit Retiree And
Survivor Benefit ProgramRelease Of Benefits.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial indicating there is no evidence of an
error or an injustice. The applicant's claim he thought SBP would
begin on a "new date" is without merit. The applicant was briefed
by an SBP counselor and was provided a copy of the SBP Report of
Individual Person (RIP). He signed and acknowledged he understood
the options and effects of his actions pertaining to his SBP
election. Since the applicant was married at the time of his
retirement, and he elected spouse coverage, SBP monthly premiums
should have been deducted beginning the first month following his
retirement. While it is unfortunate DFAS did not receive the
applicant's SBP election within a timely manner, it does not
negate the fact that he made a valid election for spouse coverage.
He may disenroll with his wife's written concurrence, during the
one-year period beginning 1 Feb 14 - 31 Jan 15.
There is no basis in law to exempt a participant from paying SBP
monthly premiums, if the debt owed will create a 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.
If the Board's decision is to grant relief, the member's record
should be corrected to reflect on 31 Jan 12 he declined coverage
under the SBP. Approval should be contingent upon obtaining his
wife's written concurrence in permanently terminating her SBP
entitlement to payments of approximately $3,056 per month.
A complete copy of the AFPC/DPFFF evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 17 Feb 15 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
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. We took
notice of the applicants 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 its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the requested relief.
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-2014-03908 in Executive Session on 12 Jun 15 under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket Number
BC-2014-03908 was considered:
Exhibit A. DD Form 149, dated 11 Nov 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFFF, dated 20 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 15.
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