RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00953
		INDEX CODE:  137.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he declined Survivor Benefit Plan (SBP) coverage for his current spouse.

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APPLICANT CONTENDS THAT:

He is being forced to pay SBP coverage for his current spouse, although they both stated they did not want the coverage.

In support of his request, the applicant submits a personal statement cosigned by his spouse.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired on 1 May 1968.  He and his former spouse were married on 6 July 1951.  Member elected spouse only SBP coverage based on full-retired pay during open enrollment.  The parties’ divorce was finalized on 21 November 2002; however, the divorce decree did not address the SBP.  The applicant remarried on 24 January 2003, and in April 2003 he notified the finance center of his divorce and remarriage.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR states that SBP spouse coverage is suspended when the spouse loses eligibility.  Public Law allows a retiree to elect not to resume coverage for a subsequently acquired spouse; however, the new spouse will be covered at the previous level on the first anniversary of the marriage if the member takes no action before that date.  Premiums for the automatically reinstated coverage become effective the first day of the thirteenth month and the Defense Finance and Accounting Service (DFAS-CL) will computer the retroactive costs when evidence of the remarriage becomes a matter of record.  

DPPTR can neither confirm nor deny that the member properly advised DFAS that he did not want SPB coverage for his wife.  However, DFAS-CL received his request not to add his wife to the Plan less than one month after the one-year time limit.  He submitted this request for corrective action in a timely manner after being notified that coverage had been established on behalf of his current spouse.

The finance center suspended his spouse SBP coverage and refunded premiums paid retroactive to his divorce.  There is no evidence that the member submitted a request not to participate in the SBP until twenty-five days after the first anniversary of his marriage.  The member’s wife has provided a notarized statement concurring in his request to decline coverage and waiver her eligibility to receive approximately $394 monthly in the event of his death.  A debt of approximately $240 has accumulated to date of DPPTR’s evaluation.

DPPTR states that in the past, relief has been granted in such cases based upon authority under Title 10 Section 1454 to correct “administrative errors.”  However, based on a 7 August 2003 JAA memorandum, DPPTR recommends denial of the applicant’s request.  A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).
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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 injustice.  The evidence indicates the applicant notified DFAS of his divorce and remarriage well within the required one-year statutory period.  The Board majority is persuaded that it was his intent that the coverage under the SBP be terminated at that time.  Based on evidence provided by the applicant, it appears he wrongfully assumed he was not required to elect “not” to resume coverage for his current spouse.  He has provided signed statements from his current spouse that corroborate his claim of his intention, and her agreement, not to reelect SBP coverage for his current spouse.  In view of the above and the applicant’s expeditious action to resolve this matter within a short period of time after the 12-month period had expired, the Board majority believes that the applicant has been a victim of an injustice and that approval of the requested relief is warranted.

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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 23 January 2004, he elected not to resume Survivor Benefit Plan (SBP) spouse coverage, and his spouse concurred with his decision.
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The following members of the Board considered this application in Executive Session on 20 July 2004, under the provisions of AFI 36-2603:
By majority vote, the Board recommended granting the requested relief.  Mr. XXXX voted to deny the application but does not desire to submit a Minority Report.  The following documentary evidence was considered with AFBCMR BC-2004-00953:

	Exhibit A.  DD Form 149, dated 19 Mar 2003, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPTR, dated 23 Apr 04, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Apr 04.

	

AFBCMR BC-2004-00953

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 23 January 2004, he elected not to resume Survivor Benefit Plan (SBP) spouse coverage, and his spouse, XXXXX, concurred with his decision.