RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05477
			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 he declined SBP coverage for his spouse; 
however, he was still charged for coverage.  Therefore, he filed 
to keep the plan and it was cancelled.

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


STATEMENT OF FACTS:

The applicant was originally provided automatic SBP coverage 
when his retired pay account was established.  On 6 September 
2013, DFAS received the applicant’s DD Form 2656, Survivor 
Benefit Plan Election Change Certificate, requesting to decline 
SBP coverage.  At that time, his SBP election was changed from 
automatic coverage for spouse only to declination and he was 
provided a refund of SBP costs deducted for the period 1 August 
2013 through 31 October 2013 in the gross amount of 
$469.77 ($156.59 per month).


AIR FORCE EVALUATION:

DFAS recommends approval.  DFAS states according to law, they 
cannot change the applicant’s SBP election from declined 
coverage to spouse coverage since his declination is a valid 
election.  The applicant states that he cancelled the plan that 
he was paying for his spouse when he thought he had SBP 
coverage.  Since it is within one year of the applicant’s 
retirement, DFAS recommends that an administrative change be 
granted and that the Board approve the applicant’s request to 
change his SBP declination to spouse coverage.  They will be 
required to recoup the costs for the SBP coverage from the date 
of his retirement to current if his claim should be approved.

The complete DFAS evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 September 2014, a copy of the DFAS 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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After a 
thorough review of the evidence in this case, we are persuaded 
that the applicant’s records should reflect he elected spouse 
coverage under the SBP.  Since his requested change is within 
one year of the applicant’s retirement, we believe a change in 
record is warranted.  Therefore, we agree with the opinion and 
recommendation of the Defense and Finance Accounting Service, 
Policy and Legislation Branch that the applicant’s record should 
be corrected to reflect spouse coverage under SBP.  Therefore, 
we recommend his records be corrected as indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
31 July 2013, he elected spouse coverage under the Survivor 
Benefit Plan (SBP), based on full retired pay, naming SPOUSE as 
spouse beneficiary.


The following members of the Board considered AFBCMR Docket 
Number BC-2013-05477 in Executive Session on 30 October 2014, 
under the provisions of AFI 36-2603:


All members voted to correct the records, as recommended.  The 
following documentary was considered:

  Exhibit A.  DD Form 149, dated 14 November 2013, w/atchs.
  Exhibit B.  Letter, DFAS, dated 2 April 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 12 September 2014.