RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02390

						COUNSEL:  NONE
		(DECEASED)
						HEARING DESIRED:  NO 
		(APPLICANT)

APPLICANT REQUESTS THAT:

Her deceased spouse’s records be corrected to reflect he elected spouse coverage under the Survivor Benefit Plan (SBP) and designated her as beneficiary.  

APPLICANT CONTENDS THAT:

She and the decedent thought they had completed all the necessary paperwork on 4 June 2013, which was two days after their wedding, to change his records to reflect “married” and his benefits to allow full spousal continuance.  

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

STATEMENT OF FACTS:

On 31 August 1977, the applicant was relieved from active duty and retired, effective 1 September 1977, and was credited with 24 years, 5 months, and 2 days of total active service.   

According to the Certificate of Death issued by the state of Washington, submitted by the applicant, her spouse died on 5 May 2015.  

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

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  Although the decedent’s prior marital history is unavailable, microfiche records from the Air Force Accounting and Finance Center (AFAFC) show the member declined SBP coverage prior to his 1 September 1977 retirement.  

The applicant and the decedent married on 2 June 2013.  However, there is no evidence he submitted a valid request to the Defense Finance and Accounting Service (DFAS) – Cleveland (CL) to establish SBP coverage on the applicant’s behalf; before the first anniversary of their marriage.  

In accordance with Title 10 United States Code, Section 1448 (a) (5), a member who is unmarried at retirement is permitted to elect coverage for the first spouse acquired after retirement; however, the election must be made before the first anniversary of the marriage.  If a member fails to make an election before then, SBP coverage for that person or another person of that category may be elected only if Congress authorizes an open enrollment period.  

On 31 August 2015, AFPC/DPFFF requested the applicant to provide the decedent’s marital status at the time of his retirement.  She indicated the applicant was not married when he retired and she contacted the decedent’s former spouse to request a copy of their divorce decree.  

On 1 September 2015, the decedent’s former spouse informed AFPC/DPFFF that she divorced the decedent on 3 February 1977, prior to his retirement; however, she was unable to locate a copy of their divorce decree.  If the Board should elect to grant the applicant’s request it should be contingent upon receipt of a copy of the decedent’s divorce decree and the recovery of premiums that would have been deducted from the decedent’s retired pay.  

SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by law and pay the associated premiums to have coverage.  It would be inequitable to those members, who chose to participate when eligible and subsequently receive reduced retired pay, and to other widows, whose sponsors chose not to participate, to provide entitlement to the petitioner based on the facts of this case.  

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 2 December 2015 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 applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we are not persuaded that the applicant has been the victim of an error or injustice.  While we note the applicant’s contention that she thought all necessary paperwork was completed; other than her own assertions, the applicant has provided no evidence to show attempts were made by the decedent to file a timely SBP election.  We further note, that a potential exists for competing interests.  In cases involving competing interests, this Board has been advised not to consider such cases unless a court of competent jurisdiction has ruled in the case or remands the case to the Board to make a determination.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.  

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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-2015-02390 in Executive Session on 4 November 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02390 was considered:

	Exhibit A.  DD Form 149, dated 3 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 3 September 2015.
	Exhibit D.  Letter, AFBCMR, dated 2 December 2015.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.