RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02294 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His record be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: When he retired in 1991 he was not married. He married his spouse in 1997 and they later divorced. They remarried in October 2012. In support of the applicant’s appeal he provides a copy of his marriage license, Congressional documentation and DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: DFAS/JFBE recommends denial. DFAS states the lack of notification from a retiree to cover a new spouse under SBP automatically constitutes a declination of SBP spouse coverage. The applicant retired on 5 December 1991. At the time of his retirement he was not married and did not have any eligible children for SBP coverage. DFAS received information that the applicant married his spouse on 31 January 1997. The applicant had one year from the date of acquiring an eligible beneficiary to elect SBP coverage. They have thoroughly researched his records and do not have any record of him electing SBP coverage. The applicant did not notify DFAS within one year of his initial marriage to his spouse that he wished to elect spouse SBP coverage. For this reason, the applicant is unable to elect spouse SBP coverage for his spouse at this time. The applicant’s only opportunity to elect SBP coverage for his spouse would be during a future SBP open season. All open seasons are authorized and approved solely by the United States Congress, and DFAS has no influence over when a future open season may occur. The complete DFAS evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 June 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ _ 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we do not find the evidence sufficiently persuasive to override the rationale expressed by the Air Force office of primary responsibility (OPR). The applicant did not make a deemed election for spouse SBP coverage within the one-year period. Therefore, we agree with the OPR’s opinion and recommendation and adopt its rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof that he has suffered either an error or injustice. Accordingly, 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 the evidence presented did not demonstrate the existence of an 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. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-02294 in Executive Session on 25 March 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 April 2013, w/atchs. Exhibit B. Letter, DFAS-JFBE/CL, dated 30 May 2013. Exhibit C. Letter, SAF/MRBR, dated 17 June 2013. 2 3 4