RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:
		DOCKET NUMBER:  BC-2013-00281
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be allowed to terminate spouse coverage under the Reserve 
Component Survivor Benefit Plan (RCSBP) and to have his premiums 
reimbursed.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

As a Reserve component retiree that had been divorced, he was 
allowed to make an election to refuse SBP coverage with the 
consent of his spouse and former spouse.  In January 2005, he 
requested that his election be honored and back premiums 
reimbursed.  He further states when he was granted guardianship 
of his granddaughter - he enrolled her in the Defense Enrollment 
Eligibility Reporting System (DEERS) and upon doing so his 
election was changed.

In support of the applicant’s appeal, he provides copies of his 
Retiree Account Statements and other documentation.

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

________________________________________________________________
_

STATEMENT OF FACTS:

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

________________________________________________________________
_

AIR FORCE EVALUATION:

DFAS-JBJE recommends denial.  DFAS states the applicant elected 
Option C (Immediate Annuity) of the RCSBP for his spouse and 
child effective 3 June 1996.  Upon his retirement on 31 December 
2002, he indicated on his DD Form 2656 that he married his 
second spouse in June 1995.  Along with this form, he provided a 
copy of his divorce decree from first spouse (divorced in June 
1994).  His RCSBP coverage for spouse and child continued upon 
retirement.

Upon receipt of the divorce decree, his RCSBP coverage was 
erroneously suspended and a refund of premiums ($5,179.92) 
deducted from his military retired pay payments was refunded to 
him.  On 3 June 2011, DFAS received a Designation of Beneficiary 
form from the applicant.  A review of his account was done and 
his account was corrected to reflect RCSBP spouse only coverage, 
as his child reached age 22 in December 2008.  A letter was sent 
to the applicant in October 2011 advising him of the correction 
to his account and the debt incurred as a result.  The applicant 
had a total debt of $26,029.20 in unpaid premiums RCSBP 
coverage.  They collected $5,255.47 and the remaining balance 
due is $20,773.73.  They are currently collecting the unpaid 
premiums from his monthly military retired pay payments from the 
period November 2011 through January 2018, when the debt will be 
paid in full.

The applicant had an opportunity to terminate his RCSBP coverage 
between 31 December 2004 and 30 December 2005.

If the applicant would have elected RCSBP Option A (I decline to 
make an election until age 60) he would have had no coverage 
prior to age 60 and given an opportunity upon retirement to 
either elect or decline SBP coverage.

The DFAS complete evaluation is at Exhibit B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 February 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  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 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 an error or an 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 failed to sustain his burden of proof of the 
existence 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.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-00281 in Executive Session on 30 September 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 11 January 2013, w/atchs.
  Exhibit B.  Letter, DFAS/JBJE/CL, dated 25 January 2013,
              w/atch.
  Exhibit C.  Letter, SAF/MRBR, dated 3 February 2013.
2 3 4