RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01683

			COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Add his new spouse to his Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

He was misinformed at his retirement out-processing briefing.  He was told he needed to notify the Defense and Accounting Service (DFAS), no earlier than, one year after marriage to add a new spouse to his SBP.  He was not told he must apply within one year of his marriage to add a new spouse to his SBP.  He faxed all the correct documents to DFAS only to find out the information he received was incorrect.  His efforts to contact DFAS about his SBP were futile.

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

STATEMENT OF FACTS:

On 26 May 09, the applicant entered the Regular Air Force.

On 30 Jan 13, the applicant signed the Certification of Survivor Benefit Plan (SBP) Briefing, acknowledging he was single and had no dependent children at the time of his retirement.  He did not elect SBP coverage.

On 29 Mar 13, the applicant was relieved and retired, due to a permanent disability, and was credited with 3 years, 10 months and 3 days of active service.

On 19 Aug 13, according to information provided by the applicant, the applicant was married.

On 11 Sep 14, according to information provided by the applicant, he submitted an SBP Election Certificate, electing Spouse Only coverage; however, it was denied because the certificate was received 24 days after the one year anniversary of this marriage.
On 8 Mar 15, according information provided by the applicant, his son was born, and on 12 Mar 15 he submitted an SBP Election Certificate electing Child Only option.  This coverage was established on 23 Aug 15.

The remaining relevant facts pertaining to this application are found in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. 

AIR FORCE EVALUATION:

AFPC/DPFFF recommends granting relief, indicating there is evidence of an error or an injustice to warrant correcting the applicant’s record to show on 18 Aug 14 he elected spouse only SBP coverage, based on full retired pay, and on 12 Mar 15 he elected to add his child to his SBP coverage.  Approval should be contingent upon recoupment of all applicable premiums the member would have paid had he made the election at that time.

It could not be confirmed the applicant was told by his Airman and Family Readiness Center that he “could not send in the information until after his one year anniversary,” but the SBP Report of Individual Person (RIP) located in the applicant’s records clearly states in Item K4, “If I am unmarried at retirement, I can cover a new spouse provided I notify DFAS within the first year of marriage.”  The applicant signed the certification sheet on 30 Jan 13, indicating he was properly briefed on the options and effects of the Plan and was provided a copy.  The applicant did attempt to comply with the statutory requirement; however he missed the one year requirement by 24 days.  Normally, in these situations, AFPC/DPFFF would use its delegated authority under Title 10 USC, Section 1454, to correct errors which are administrative in nature; however, the request to correct an administrative error must be “timely” and in this case, that time has expired.

The applicant was not married, had no eligible dependent children, and elected to decline SBP coverage prior to being placed on the Permanent Disability Retirement List (PDRL) effective 29 Mar 13.  He married on 19 Aug 13, and on 11 Sep 14, 24 days after the anniversary of his marriage, the applicant faxed a DD Form 2656, SBP Election Change Certificate, to DFAS requesting that full spouse SBP coverage be established on behalf of his wife.  The applicant’s request was not honored because DFAS received the request after the one year requirement.  On 8 Mar 15, the member acquired a dependent child, and on 12 Mar 15, the applicant submitted a DD Form 2656-6 to DFAS requesting child only coverage based on full retired pay.  DFAS honored his request and established full child only coverage effective 23 Apr 15.

A complete copy of the AFPC/DPFFF 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 3 Nov 15 for review and comment within 30 days (Exhibit E).  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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Specifically, the Board found it more likely than not the applicant was miscounseled.  By applying for SBP coverage in the thirteenth month of his marriage, it is consistent with his contention he was waiting until the first available month to comply with the statutory requirement for electing SBP coverage, as he believes he was instructed.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a. On 18 August 2014, he elected spouse only Survivor Benefit Plan (SBP) coverage, based on full retired pay.

	b. On 12 March 2015, he elected to add his child to his spouse SBP coverage.

	c. Approval is contingent upon recoupment of all applicable premiums the member would have paid had he made the election at that time.

The following members of the Board considered AFBCMR Docket Number BC-2015-01683 in Executive Session on 2 Mar 16 under the provisions of AFI 36-2603:

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

	Exhibit A.  DD Form 149, dated 14 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 9 Sep 15.
	Exhibit D.  Applicant Documents, dated 16 Jan 13.
	Exhibit E.  Letter, SAF/MRBR, dated 3 Nov 15.