RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04043 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to allow him to terminate his spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: He was not told there would be a charge for the SBP. He cannot afford to pay the premiums as he and his family are facing eviction. In support of his request, the applicant provided personal statements and a certified abstract of marriage certificate. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant and D-- were married and he elected spouse and child coverage based on full retired pay prior to his 1 Oct 91 retirement. The parties divorced on 29 Feb 96. DEERS records show the applicant and A-- married on 8 Mar 96; however, the applicant failed to notify Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) of his remarriage. In Mar 98, the applicant requested DFAS-CL stop coverage for D--, and the spouse’s portion of SBP coverage was suspended retroactive to the date of their divorce. On 1 Apr 99, the applicant and A-- divorced. The applicant and V-- were married on 15 Jun 00, but he failed to inform the finance center of their marriage. In Aug 08, DFAS-CL received a letter from the applicant, requesting that they change his record to show his new wife as his SBP beneficiary. Upon learning of the member’s remarriage, the finance center reinstated spouse coverage retroactive to 15 Jun 01, monthly premiums began to be deducted from his retired pay as required by law, and the retroactive SBP premium debt (approximately $7,270) began to be recovered. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIAR reviewed this application and recommends denial. DPSIAR states there is no evidence of Air Force error or injustice in this case. 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 Public Law (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 the finance center in a timely manner of his marriage to his current spouse. Retired members are personally responsible to ensure they obtain or exempt their dependents’ entitlement to military benefits. Participants should contact the finance center immediately upon gaining or losing a potential SBP beneficiary to determine their options. In the event the applicant had died, his spouse would have been entitled to receive approximately $828 after the SBP premium debt had been satisfied. To provide the applicant an additional opportunity to terminate his SBP coverage 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 submit a DD Form 2789, Waiver/Remission of Indebtedness Application, to Defense Finance and Accounting Service – Denver Center (DFAS-DE). The complete DPSIAR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Jan 09, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. _________________________________________________________________ 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, after careful consideration of the applicant's submission and noting the absence of a notarized statement from his current spouse concurring with his request, 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 that the applicant has not been the victim of an error or injustice. As suggested by AFPC/DPSIAR, the avenue is available and we recommend he pursue the option of requesting a waiver of his indebtedness to the government from the Defense Finance and Accounting Service. If he is unsuccessful in his endeavor to obtain relief from his debt and is able to obtain his current spouse's written concurrence with the revocation of SBP benefits, he may petition this Board for reconsideration. Therefore, in the absence of evidence to the contrary, we find no compelling 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 Docket Number BC-2008-04043 in Executive Session on 19 Feb 09, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2008-04043 was considered: Exhibit A. DD Form 149, dated 20 Oct 08, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 23 Dec 08. Exhibit C. Letter, SAF/MRBR, dated 9 Jan 09.