RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01410

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He designate his current wife the Survivor Benefit Plan (SBP) beneficiary now that his former spouse has died.  

APPLICANT CONTENDS THAT:

Since his divorce decree required he cover his former spouse under SBP and his former spouse has died, he’d like to designate his current spouse.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 29 Sep 61.

On 15 Jul 88, according to the divorce decree issued by the Superior Court of the State of California, County of Solano, the applicant and his former spouse divorced.  

On 15 Jul 88, according to the marriage certificate issued by the Superior Court of the State of California, County of Solano, the applicant married his current wife.

On 1 Jun 89, the applicant retired from active duty and was credited with 27 years, 8 months, and 2 days of active service.  According to his DD Form 2656-6, which he completed upon his retirement, he elected former spouse SBP coverage.

On 20 Jun 13, according to the death certificate issued by the Health and Social Services Department of the State of California, County of Solano, his former spouse died.  

AIR FORCE EVALUATION:

DFAS-CL recommends denial indicating there is no evidence of an error or an injustice.  The laws governing SBP state that an election for former spouse SBP coverage terminates any prior coverage held.  Department of Defense Office of General Counsel (DOD/OGC) has provided guidance that in general, the laws governing the SBP do not permit a change from former spouse to spouse coverage after the former spouse has died.  He may have the option to elect spouse coverage during a future open season enrollment.  Occasionally, Congress approves open season enrollment periods to allow retirees to enroll in SBP when they previously were unable to do so.  

A complete copy of the DFAS-CL evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Nov 15 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The Board, through information provided by the Defense Finance and Accounting Service, has discovered there is an available avenue of administrative relief the applicant has not first completed in order to allow SBP coverage for his current spouse.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-01410 in Executive Session on 28 Jun 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01410 was considered:

	Exhibit A.  DD Form 149, dated 27 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, DFAS-CL, dated 4 Nov 15.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Nov 15.