RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03244

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was never informed he had to enroll his wife in the SBP within the first year of their marriage.

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

STATEMENT OF FACTS:

According to documents extracted from his military personnel record (MPR), beginning on 16 May 75, the applicant enlisted in the Air Force Reserve and served intermittent periods of service in the Air Force Reserve and Regular Air Force until his discharge from service.  

Per Special Order No. AC-017054, the applicant was released from active duty on 30 Sep 94 and retired effective 1 Oct 94, in the grade of staff sergeant (E-5) and was credited with 15 years and 8 months of active service for retirement.   

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.

Title 10 USC, Section 1448 (a) (5) permits a service member who is unmarried at retirement, to elect coverage for the first spouse acquired after retiring; however, the election must be made before the first anniversary of the marriage.  If the service 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.

The applicant was not married, but had eligible dependent children and elected child only SBP coverage based on full retired pay prior to his 1 Oct 94 retirement.  His youngest child lost eligibility due to age on 1 Jul 09.  The applicant married his current spouse  on 4 Jul 09; but failed to submit a valid election within the first year of marriage to the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) to establish SBP coverage on her behalf.

The applicant offers no explanation for delaying over six years following his marriage to his current spouse before he sought correction.  

It is the responsibility of each retiree to take timely and appropriate action to ensure their spouses are properly designated for military benefits.  The Afterburner, News for USAF Retired Personnel, routinely contained articles to advise retirees of their SBP options when marrying after retirement.  The Afterburner was either forwarded to the correspondence address the applicant provided to the finance center or can also be obtained from the Air Force Retiree website at www.retirees.af.mil .  The website also provides detailed information on the SBP.  Had he submitted an election within the first year of his marriage, monthly premiums would have been approximately $64 and SBP costs of about $3,840 would have been deducted from his pay to date.  SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by the law and pay the associated premiums to have coverage.  Absent a valid election within the first year of the marriage, coverage for his wife can only be provided if Congress authorized another open enrollment.  Providing this applicant an additional opportunity to elect SBP coverage would be inequitable to other retirees in similar situations and is not justified by the facts  

A complete copy of the AFPC/DPFFF evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he receives the Afterburner newsletter, however, the information on providing coverage for a new spouse to a retired service within the one year deadline was not listed in every issue. 

He remarried on 4 July 2009 and took his new spouse for her identification card (ID) and enrollment in Tricare.  He was never informed about the one year deadline for SBP during his out processing briefing or at the time his wife received her new ID card.

He believes this is a very important issue and should be addressed during the out processing briefing or at the time when a new spouse is receiving an ID card when the marriage certificate is presented.  

After 14 months of marriage, he was told about the one year deadline and that he would have to wait until Congress authorized an open enrollment period to provide SBP coverage for his spouse 

He has served his country, received an honorable discharge and was there for his country.

His former spouse is receiving a portion of his pension and if this is not granted, his current wife will not receive anything if he passes away before her.  

He finally saw an article in the Afterburner, but is was well after the one year deadline.

Applicant’s complete response, with attachments is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPFFF, in response to the applicant’s rebuttal, states the applicant contends he does receive the Afterburner, but it was not stated in every issue in regards to the one-year deadline enrollment for a new spouse acquired after retirement.  

The applicant’s contention are without merit.  The September 2009 edition of the Afterburner, published after the applicant’s 4 July 2009 marriage, did include an article on page 3, instructing retirees who were not married when they retired to complete a DD Form 2656-6, SBP Election Change Certificate, and to forwarded the form to DFAS before the first anniversary of their marriage.  A specific action is required to elect SBP coverage following post-retirement changes in marital status, and it is the applicant’s responsibility to insure required actions are taken to provide SBP coverage for his spouse, as prescribed by law.

A complete copy of the AFPC/DPFFF Memorandum, with attachment, is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant again states he was never informed to enroll his current spouse in SBP with the first year of marriage by the Afterburner (which information on this issue was not provided in every letter); or verbally when they acquired her first ID card.  They had been married for 14 months when he contacted the SBP office at Luke AFB to enroll his spouse in SBP.  He was told it was too late for enrollment and that he would have to wait for an Congress authorized open enrollment period.  He contacted the SBP office every six months and was repeatedly told to call back and check.  It was not until May 2015, when he spoke with the 56th FSS/FSFR at Luke and was informed he could appeal this issue.  His has tried for six years to get this matter resolved.

If this request is approved, he believes the funds owed should be waived because he was never made aware to file for SBP within the required time frame.  

He requests regulations be put aside and the Board have some humanity.  If his request is denied, the option he has for his wife would be to get divorced, turn in her ID card, disenroll from Tricare, get remarried and start all over again.

Once again, he served his country.  He received an honorable discharge.  His life was on the line like every service member, and this is how he gets treated as a 60 year old veteran. 

The applicant’s complete response is at Exhibit H.

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 an error or an injustice.  We took notice of the applicant’s complete submission, to include the rebuttal responses, in judging the merits of the case.  While the applicant contends that he was misinformed regarding his options for SBP with respect to adding a new spouse, he has not presented any evidence to indicate that he was somehow miscounseled or not provided a fair opportunity to make the requisite election within one year of his marriage as required by the governing statute.  Furthermore, the applicant may in the future elect SBP for his spouse during an authorized open enrollment by Congress.  Thus, we 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 not been the victim of an error of injustice.  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-2015-03244 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-2015-03244 was considered:

	Exhibit A.  DD Form 149, dated 26 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 18 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 31 May 16.
	Exhibit E.  Letter, Applicant, dated 17 Jun 16.
	Exhibit F.  Memorandum, AFPC/DPFFF, dated 1 Jul 16.
	Exhibit G.  Letter, SAF/MRBR, dated 8 Aug 16.
	Exhibit H.  Letter, Applicant, dated 25 Aug 16.