RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03065 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be allowed to terminate spouse only coverage under the Survivor Benefit Plan (SBP) 2. SBP premiums previously withheld from his retired pay be refunded to him. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not aware he would be charged retroactive SBP premiums. In support of his request the applicant provides a copy of a letter from the Defense Finance and Accounting Service (DFAS). The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force Office of Primary Responsibility (OPR). Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. DPSIAR states, the applicant's claim that he did not know he would be charged retroactive SBP premiums is without merit. Title 10 USC Section 1452(a)(1) requires the retired pay of a participant be reduced to secure SBP coverage for a spouse beneficiary; there is no provision in the law controlling the SBP to waive current or retroactive SBP costs. Furthermore, he had ample time to research the options and effects of the SBP and decide whether or not the Plan would suit his family's financial needs prior to submitting an election. Providing this applicant a third opportunity to elect or not elect SBP coverage would be inequitable to other retirees in similar situations, and is not justified by the facts. However, if the Board's decision is to grant relief, the applicant's record should be corrected by voiding DPSIAR's 8 Feb 2012 Administrative Correction to establish SBP spouse coverage based on $300. Approval should be contingent upon the applicant's wife providing a properly notarized statement in which she permanently waives her eligibility to receive a monthly SBP annuity valued at $165. The complete DPSIAR evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 22 Aug 2012, 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 (Exhibit C). ________________________________________________________________ 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. ________________________________________________________________ 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 this application in Executive Session on 12 Feb 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in AFBCMR BC- 2012-03065: Exhibit A. DD Form 149, dated 2 May 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 1 Aug 2012. Exhibit C. Letter, SAF/MRBR, dated 22 Aug 2012.