RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04108 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

 

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APPLICANT REQUESTS THAT: 

 

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

 

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APPLICANT CONTENDS THAT: 

 

He only wanted to stop SBP coverage for his second wife in 1999. 

 

In support of the request, the applicant provides a copy of his 
Identification Card (ID), a marriage certificate, and a divorce 
affidavit. 

 

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

 

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STATEMENT OF FACTS: 

 

On 1 Mar 74, the applicant was retired in the grade of technical 
sergeant. 

 

Prior to his retirement, he elected spouse-only SBP coverage 
based on full retired pay. His spouse died on 2 Nov 83 and the 
applicant properly notified the Defense Finance and Accounting 
Center (DFAS) and coverage was suspended. 

 

On 10 Apr 98, the applicant remarried and on 18 Nov 98, he 
notified DFAS to cancel spouse-only SBP coverage. DFAS honored 
the applicant’s request and spouse-only coverage was terminated. 
The applicant was divorced on 24 Apr 99. On 25 Jul 09, the 
applicant remarried. 

 

Public Law 99-145 allows a retiree to elect not to resume SBP 
coverage for a subsequently acquired spouse, but requires the 
member to take action before the first anniversary of the 
marriage and spouse concurrence is not required for this action. 
Once terminated, the member may not provide coverage for that 
spouse, or a future spouse, unless during a specifically 
authorized open enrollment. If a member fails to submit a valid 


request to terminate spouse coverage, the new spouse will be 
automatically covered at the previous level of the first 
anniversary of the marriage. Premiums for the coverage are 
effective the first day of the thirteenth month. 

 

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AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIAR recommends denial. DPSIAR states the there is no 
evidence of an Air Force error or injustice in this application. 
The applicant’s 18 Nov 98 request was a valid request and 
clearly showed he did not want to reinstate SBP coverage after 
his marriage. Further, approval of this request would provide 
the applicant an additional opportunity, after the fact that is 
not afforded to other members who decline SBP protection for 
spouse after remarriage. 

 

The complete HQ AFPC/DPSIAR evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 23 Dec 10 for review and comment within 30 days 
(Exhibit C). As of this date, this office has not received a 
response. 

 

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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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 its 
rationale 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. 

 

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4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered. 

 

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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. 

 

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The following members of the Board considered Docket Number 
BC-2010-04108 in Executive Session on 15 February 2011, under 
the provisions of AFI 36-2603: 

  

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Oct 10, w/atchs. 

 Exhibit B. Letter, HQ AFPC/DPSIAR, dated 6 Dec 10. 

 Exhibit C. Letter, SAF/MRBR, dated 23 Dec 10.