RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01220
							INDEX CODE 137.02
							COUNSEL:  None

							HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His records be corrected to show he filed a timely election for termination of spouse coverage under the Survivor Benefit Plan (SBP) before the first anniversary of his remarriage and be relieved from the SBP premium debt.

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APPLICANT CONTENDS THAT:

SBP coverage is insurance that he did not want and has not wanted it since the divorce from his first wife in 1977.  Please note that he has attached a copy of his SBP termination request, dated March 2002.  He was not aware of a legal obligation to continue SBP insurance following remarriage in 1986.  He was never advised of the requirement and he believes that it is unreasonable to think that he should have been aware of it.  The U.S. Air Force was notified of his remarriage shortly after it occurred when he applied and received an Air Force identification card for his wife, and upon DEERS registration.  Apparently, there was no exchange of information between the personnel people and the finance people on this until 2001 and 2002.  

He had not received any financial benefit from SBP insurance and the U.S. Government has not incurred any financial loss in this case.  Consequently, no harm has been done.

The accumulated back charges create a serious personal financial problem which, at his current age of 72, he finds to be impossible to resolve without a severe decline in his standard of living.

To summarize, he believes this debt places an unwarranted financial burden upon him, which is unjust.  He respectfully requests to be relieved of it.  

In support of his application, he submits retiree account statements and a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request.

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

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STATEMENT OF FACTS:

The member retired 1 Sep 72 and elected spouse only SBP coverage based on a reduced level of retired pay during the initial enrollment period.  The applicant and that spouse divorced in 1977, the finance center received notification of the divorce in May 83, and SBP coverage and premiums were suspended.  Defense Enrollment Eligibility Report System (DEERS) indicates the member and M_ married on 2 Aug 86.  However, he failed to decline SBP coverage for his new spouse before the first anniversary of their marriage, and she became the eligible spouse beneficiary on 2 Aug 87.  In Jan 02, the DFAS - Cleveland Center (DFAS-CL) learned of the member's marriage, reinstated spouse coverage and premiums, and began to recover approximately $11,281 in costs retroactive to the first anniversary.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate office of the Air Force at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPPTR reviewed the application and states that there is no evidence of an Air Force error or injustice in this case; therefore, DPPTR recommend relief be denied.  However, if the Board's decision is to approve the request, the approval should be contingent upon obtaining the wife's properly notarized statement concurring in the revocation of the SBP reduced coverage currently in effect on her behalf.

AFPC/DPPTR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that he sense a feeling that there are some people who believe they have uncovered a source of income for the government by identifying retirees such as his self that they believe have intentionally evaded something that he consider to be an obscure technicality in the rules of the SBP program.  Such thinking is very wrong!  This matter concerns participation in an insurance program that he believed had been terminated 25 years ago.  Can the Board appreciate his feelings at encountering this subject unexpectedly again in the year 2002, at his current age of 73.  

He asks for the Board's compassion in this matter, and he request that the Board approves his application for relief.  He submits a statement from his wife indicating that she concurs with revocation of SBP coverage.

The applicant's complete submission is at Exhibit C.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After reviewing the evidence of record, the majority of the Board believes that the relief requested should be approved.  In this regard, the majority of the Board is of the opinion that the applicant truly believed that when the SBP premiums were suspended upon his divorce in 1977, the SBP was in fact terminated.  The majority of the Board also notes that his current spouse supports the termination of SBP coverage.  Therefore, the majority of the Board recommends the applicant's records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 August 1987, he elected not to extend spouse coverage under the Survivor Benefit Plan 
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The following members of the Board considered Docket Number 02-01220 in Executive Session on 16 August 2002, under the provisions of AFI 36-2603:

   Exhibit A.  DD Form 149, dated 4 Apr 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 29 Apr 02.
   Exhibit C.  Letter, SAF/MRBR, dated 10 May 02.
   Exhibit D.  Applicant's response, dated 27 May 02, w/atch.

AFBCMR 02-01220

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 August 1987, he elected not to extend spouse coverage under the Survivor Benefit Plan.