RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04366 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Survivor Benefit Plan (SBP) election be corrected to reflect child only coverage. ________________________________________________________________ APPLICANT CONTENDS THAT: He nor his wife want SBP spouse coverage because of the cost for catch-up. He asked the Defense Finance Accounting Service (DFAS) how much he would have to pay for SBP coverage. However, DFAS started deducting his pay without informing him of the amount and disregarded his instructions. He did not fill out a form to elect coverage. In support of his request, he provides a copy of his letter to DFAS, dated 27 Feb 13. The applicant’s complete submission, with attachment, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant elected spouse and child SBP coverage based on full retired pay prior to his 1 Aug 00 retirement. On 23 Jun 05, he divorced and SBP spouse coverage was suspended. On 17 Jan 09, the applicant and his current spouse were married 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. Upon learning of his remarriage, DFAS-CL reinstated spouse coverage retroactive to 17 Jan 10 (the first anniversary of their marriage). Monthly premiums began to be deducted from his retired pay as required by law, and the retroactive SBP premium debt (approximately $4,844) began to be recovered. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial. There is no evidence of error or injustice. SBP spouse coverage is irrevocable as long as there is an eligible beneficiary, but is suspended when the spouse loses eligibility. Public Law (PL) 99-145 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 and the DFAS-CL will compute the retroactive costs when evidence of the remarriage becomes a matter of record. However, if the Board’s decision is to grant relief, the applicant’s records should be corrected to show that on 16 Jan 10, he elected not to resume SBP spouse coverage. Approval should be contingent upon obtaining a notarized statement from his spouse concurring in the permanent revocation of the SBP coverage in effect on her behalf since 17 Jan 10. The complete DPFFF evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 Dec 13, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ 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 Air Force Office of Primary Responsibility (OPR) and adopt the rationale expressed 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that 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 AFBCMR Docket Number BC-2013-04366 in Executive Session on 27 Jun 14, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentation was considered: Exhibit A. DD Form 149, dated 9 Sep 13, w/atch. Exhibit B. Letter, AFPC/DPFFF, dated 19 Nov 13. Exhibit C. Letter, SAF/MRBR, dated 6 Dec 13. Vice Chair