RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04645

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) premium arrears be waived.

APPLICANT CONTENDS THAT:

His wife chose not to be the SBP beneficiary at the time of their marriage.  Since his wife chose not to be the SBP beneficiary, he believes he should not have to pay arrears.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 20 Jan 78.

On 10 May 00, the applicant elected spouse and child SBP coverage based on full-retired pay using DD Form 2656, Data for Payment of Retired Personnel.

On 31 Aug 00, the applicant retired and was credited with 22 years, 7 months, and 11 days of active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice.  SBP spouse coverage is essentially irrevocable as long as there is an eligible beneficiary, but is suspended when the spouse loses eligibility.  Title 10 U.S.C., Section 1448(a) (6) (A) allows a participant, with suspended spouse coverage, to elect not to resume coverage for a subsequently acquired spouse.  However, the new spouse will be automatically covered at the previous level on the first anniversary of the marriage if the member takes no action before that date.  Premiums for the coverage become effective the first day of the thirteenth month after remarriage and the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) will compute the retroactive costs when evidence of the remarriage becomes a matter of record.

The applicant elected spouse and child SBP coverage based on full retired pay prior to his 1 Sep 00 retirement.  

On 21 Oct 02, the applicant and his spouse divorced.  DFAS-CL was notified and SBP coverage and premiums were suspended.  

On 5 May 07, the applicant remarried, but he failed to inform DFAS-CL that he did not want to extend SBP coverage to her before the first anniversary of their marriage.

On 24 Jan 15, the applicant’s spouse died.  Upon learning of the applicant’s remarriage, DFAS-CL reinstated spouse coverage retroactive to 5 May 08 (the first anniversary of their marriage) through 23 Jan 15 (one day prior to spouse’s death).  Monthly premiums began to be deducted from his retired pay as required by law, and the retroactive SBP premium debt (approximately $7,255) began to be recovered.

Additionally, there is no basis in law to exempt a participant from paying SBP monthly premiums: however, based on the applicant’s contention that he “should not have to pay arrears,” he may request relief by completing a DD Form 2789, Waiver/Remission of Indebtedness Application.

A complete copy of the AFPC/DPFFF evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Jul 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04645 in Executive Session on 7 Mar 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 27 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 5 Jul 06.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.