RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00929 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His wife and child be enrolled in the Survivor Benefit Plan (SBP). ________________________________________________________________ APPLICANT CONTENDS THAT: He retired in 1989 as a colonel. At the time of his retirement, he was not married. He married on 23 October 2003 and his daughter was born on 30 September 2004. Several years went by before he applied for SBP only to discover that a time limit existed between the date of marriage and the application for the benefit. His wife received her Air Force identification card within the first month of marriage, after which, she was registered with Defense Enrollment Eligibility Reporting System (DEERS) and the Air Force Finance office. Unfortunately, they received no guidance concerning the survivors benefit application. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Data extracted from the Military Personnel Data System reflects the applicant retired on 24 April 1989 in the grade of colonel. ________________________________________________________________ AIR FORCE EVALUATION: DFAS recommends denial. DFAS does not have a copy of the applicant’s SBP declination from his retirement. They attempted to recover his pay data; however, his case could not be located. The information they have that reflects he declined SBP for spouse and child at the time of his retirement came from a data transfer from the Air Force. If he did decline SBP and had eligible beneficiaries, the declination is irrevocable. However according to his marriage certificate, this is his first marriage. If he did not have a spouse and/or children at the time of his retirement, his SBP election should not have been “declined/spouse and child excluded” it should have been input as “no beneficiary”. If this is the case, that his SBP was coded incorrectly and he did not have eligible beneficiaries at the time of retirement, his election should have been input as no beneficiaries and he could have, within one year of marriage, elected SBP coverage. Unfortunately, DFAS does not have a copy of his original declination, nor do they have any information as to whether or not he had eligible beneficiaries at the time of his retirement. The Department of Defense Federal Management Regulation, Volume 7B, Chapter 43, Paragraph 430102 states that in the case of a retiree electing a standard SBP annuity, the member must make such election before retired pay becomes payable, or if there is no eligible beneficiary at that time, within one year of acquiring an eligible beneficiary. Lack of notification from a retiree to cover a new spouse under SBP within one year of marriage constitutes a declination of SBP coverage. On 7 January 2004, DFAS received a letter from the applicant along with a copy of his marriage certificate requesting to change his status. He indicated that he did not intend to change his withholding at that time. Since his account reflected he declined with SBP coverage, a designation of beneficiary form was sent to him. This form is used for any unpaid retired pay that may be due upon death. The completed the form in January 2004, February 2004 and April 2011. He may have thought the form was for SBP. On 22 October 2013, DFAS received an SBP election change form requesting a change from no coverage to spouse and child coverage. However, his request could not be honored since his election shows that he declined SBP coverage at retirement. If his election was “no beneficiary” at retirement, his request still could not be honored as it was over one year since his marriage. Should the Board approve the applicant’s case, retroactive premiums will be collected. The complete DFAS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to a request for a Marital Status Affidavit, the applicant submits that he married his current spouse on 23 October 2003 (Exhibit D). ________________________________________________________________ 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 the recommendation of the office of primary responsibility and adopt its rationale as the basis for our conclusion that notwithstanding the applicant’s declination of SBP enrollment at the time of retirement, he failed to make a clear election to participate in the SBP within the one year time period as prescribed by law. Therefore, we find no basis to grant the relief sought in the 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 AFBCMR Docket Number BC-2014-00929 in Executive Session on 12 June 2015, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00929 was considered: Exhibit A. DD Form 149, dated 27 Feb 14, w/atchs. Exhibit B. Letter, DFAS, dated 7 Apr 14. Exhibit C. Letter, SAF/MRBR, dated 22 Sep 14. Exhibit D. Member Affidavit, dated 4 Aug 14.