RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02771

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to show he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

Electing to decline the SBP was a negligent omission on his part that was recently brought to his attention.

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

STATEMENT OF FACTS:

According to the Certificate of Marriage from the State of Maryland provided by the applicant, on 27 Jan 62, he and his spouse were married.

According to the DD Form 2656, Data for Payment of Retired Personnel, on 12 Aug 96, the applicant elected to decline the SBP coverage and on the same date, his spouse concurred with his election and acknowledged that she understood the decision was irrevocable.

According to the Military Personnel Data System, the applicant retired from the Regular Air Force effective 1 Jan 97.

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 indicating there is no evidence of an error or an injustice.  The applicant and his spouse were married on 27 Jan 62 and had dependent children.  He declined SBP coverage, with his wife’s concurrence, prior to his 1 Jan 97 retirement.  There is no evidence the applicant submitted an election during the 99-00 or 05-06 open enrollment periods.

A member, who is married at retirement and declines spouse coverage under the SBP, may not provide coverage for that spouse or any future spouse, unless Congress authorizes an open enrollment.  Public Laws (PLs) 105-261 and 108-375 established open enrollment periods from 1 Mar 99 - 29 Feb 00, and 1 Oct 05 - 30 Sep 06, respectively, for retired members to elect or increase SBP coverage.  The enrollment packets, as well as the Afterburner, News for USAF Retired Personnel, published during these periods, were sent to the correspondence address members provided to the Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) and contained points of contact to use to gain additional information.

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 8 Dec 15 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02771 in Executive Session on 25 Aug 16 under the provisions of AFI 36-2603:

					    , Panel Chair
					 , Member
					   , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 15, w/atch.
	Exhibit B.  Applicant’s Available Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 14 Oct 15.
	Exhibit D.  Letter, AFBCMR, dated 8 Dec 15.

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.