RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-01399

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Her record be changed to terminate coverage under the Survivor Benefit Plan (SBP).

APPLICANT’S CONTENTIONS

Since her SBP election, she has experienced substantial financial and personal changes.  Financially, due to COVID, the constant TRICARE cost increases for retirees, and the current extreme inflation on consumer products, her active duty retirement net income is no longer sufficient.  She also works as a Department of Defense contractor, and this is still not enough to cover the uncontrollable rising expenses.   She has two children and needs to reduce expenses for the sake of their continued financial wellbeing.  

She is paying $308.64 a month for SBP, and it is no longer a justifiable expense.  She and her spouse have been separated for four years and estranged for almost a year.  SBP does not allow cancellation due to separation, only for divorce, and even that requires the spouse’s signature; an insulting and archaic rule in 2022.  Her spouse will not file for divorce as he has nothing to gain for the expense, and she cannot file because she cannot afford the expense.  Her spouse is an Air National Guard chief master sergeant (E-9) eligible for a military retirement, as well as a federal government employee with a federal retirement and substantial Thrift Savings Plan account.  He does not need the SBP benefit.

She asks the Board to consider her financial and marital situation in granting this request to terminate coverage.  In her opinion, she earned her retirement, her circumstances have substantially changed, and she should be allowed to adjust her budget.  She elected SBP based on 2015 TRICARE costs, low inflation, and with substantial spouse income.  The monthly cost of SBP is not affordable or justifiable for her, and she requests to terminate coverage immediately.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard chief master sergeant in receipt of retired pay.

On 31 Dec 14, the applicant was furnished an honorable discharge, with Narrative Reason for Separation:  Voluntary Retirement: Sufficient Service for Retirement, and credited with 24 years, 8 months, and 21 days active service.

According to Defense Finance and Accounting Service-Cleveland (DFAS-CL) advisory, the applicant elected SBP coverage for spouse and child, effective 1 Jan 15.

On 6 Apr 22, according to a DFAS letter in response to request for congressional assistance, provided by the applicant, the applicant may terminate her coverage during future SBP Open Season declared by Congress; however, there are no Open Seasons currently scheduled.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

10 U.S.C. § 1448(a)(3)(A).  “A married person who is eligible to provide a standard annuity may not without the concurrence of the person’s spouse elect (i) not to participate in the Plan; (ii) to provide an annuity for the person’s spouse at less than the maximum level; or (iii) to provide an annuity for a dependent child but not for the person’s spouse.”

10 U.S.C. § 1448(a)(4)(A).  “Standard annuity.  An election under paragraph (2)(A) is irrevocable if not revoked before the date on which the person first becomes entitled to retired pay.”

AIR FORCE EVALUATION

DFAS-CL advisory is provided for information only.  DFAS-CL does not have the authority to terminate the applicant’s SBP coverage.  In accordance with 10 U.S.C. § 1448(a)(4)(A)-(6)(A)-(D), an election made is irrevocable if not revoked before the date on which the person first becomes entitled to retired pay.  The applicant elected SBP for spouse and child, effective 1 Jan 15, her retirement date.  The applicant requested congressional assistance, and DFAS sent a response explaining SBP elections are irrevocable and provided the option to petition the Air Force Board for Correction of Military Records (AFBCMR).

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Aug 22, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the information provided by DFAS-CL and finds a preponderance of the evidence does not support the applicant’s request.  While the applicant’s current financial situation is unfortunate, in accordance with 10 U.S.C. § 1448(a)(4)(A), the applicant’s election is irrevocable.  Additionally, as noted by DFAS-CL, the applicant may be eligible to terminate coverage during a future SBP Open Season declared by Congress.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2022-01399 in Executive Session on 20 Oct 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Apr 22.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, DFAS-CL, dated 1 Aug 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 Aug 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.