RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04982

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to show that he elected to participate in coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

At the time he elected not to participate in the SBP, he was single, and thought he had a different choice when he married.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Dec 82.

According to the DD Form 2656, Data for Payment of Retired Personnel, dated 14 Mar 03, the applicant’s marital status was “single” and he elected not to participate in SBP.

On 1 Oct 03, the applicant retired from active duty and was credited with 20 years, 9 months, and 24 days of total active service.   

According to the Certificate of Marriage provided by the applicant, on 30 Jun 14, he married his current spouse.

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 B.    

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice.  The applicant was not married, but had eligible dependent children and elected to decline SBP coverage prior to his 1 Oct 03 retirement.  On 30 Jun 14, the applicant married his current spouse; however, he 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 his wife’s behalf.  

Title 10 USC § 1448(a)(5) permits a 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 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.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he never took the time to look up the information on SBP thinking he would get the information when his new wife received her dependent ID card.  Upon receiving her new ID card, they went over to the Family Support Center to sign up for SBP and was informed he was four months past the deadline to sign up.  He explained to the Defense Finance and Accounting Service (DFAS) the reason for his delay, thinking he would be allowed to pay the back pay and start the coverage but was told he was ineligible because he declined the coverage when he retired.  Additionally, he did not know that SBP could be used for children as well but makes no excuse for his lack of researching the information. 

A complete copy of the applicant’s response, with attachment, is at Exhibit D.

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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force 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-2015-04982 in Executive Session on 7 March 2017 under the provisions of AFI 36-2603:

					    , Panel Chair
				  , Member
					    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 15 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 10 May 16.
	Exhibit E.  Letter, Applicant, dated 17 May 16, w/atchs.
	
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.