RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03485
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The $10,450.74 debt she incurred as a result of the Survivor Benefit Plan (SBP) annuity costs be forgiven.
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APPLICANT CONTENDS THAT:

She had no knowledge that the SBP premiums were not being paid by her late husband.

She feels it is unfair to penalize her for the debt by requiring her annuity to go towards payment of the debt.  Her income is very limited and the annuity 
would help her make ends meet.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 14 Jan 00, the applicant and the former member were married.  

On 10 Apr 13, the former member passed away.
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AIR FORCE EVALUATION:

DFAS-JBJE/CL recommends deny.  JBJE/CL notes that according to the law, Title 10, United States Code 1450(b) and 1455(b), when the payment of premiums is 
in arrears no annuity may be paid 
until that debt with interest (six percent compounded annually) 
has been recovered.  The SBP beneficiary will not receive the 
annuity payments until the premiums are paid in full.  All 
premiums for the annuity must be paid in full in order to 
receive monthly payments; the premium costs are not waiverable.  
Therefore, 100 percent of the applicant’s monthly SBP annuity 
payments goes towards the indebtedness; once the debt is paid in 
full, the former spouse will begin receiving monthly SBP annuity 
payments.  

The decedent elected SBP spouse coverage for his first spouse in 
1972 when the plan originated.  On 4 Aug 96, she passed away.  
At this time, his SBP coverage was suspended.  On 14 Jan 00, the 
decedent remarried; however, he never informed DFAS.  Upon the 
one-year anniversary, his second spouse became an eligible SBP 
beneficiary.  Since the decedent did not inform DFAS of his 
remarriage, the SBP costs were not resumed on 1 Feb 01 as they 
should have been.  On 10 Apr 13, the former member passed away.

The complete DFAS 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 15 Oct 13 for review and response.  As of this date, no response has been received by 
this office (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.  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 DFAS 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.  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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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03485 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jul 13, w/atchs. 
    Exhibit B.  Letter, DFAS, dated 9 Sep 13.
    Exhibit C.  Letter, SAF/MRBR, dated 15 Oct 13.