RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00290
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His personnel records be corrected to reflect he elected spouse and child Survivor Benefit Plan (SBP) coverage.

APPLICANT CONTENDS THAT:

His son was born on 25 Jul 07, just before his retirement.  Shortly after his son was born, he contacted the SBP counselor at Arnold AFB TN, to add him to his SBP.  The SBP counselor verified he had enrolled his son in the Defense Enrollment Eligibility Reporting System (DEERS) and told him that was all that needed to be done.  He recently found out this was inaccurate information, and his son is not listed as a beneficiary in his SBP coverage.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 24 Jul 85.  

On 31 Jul 07, the applicant was furnished an honorable discharge, retired effective 1 Aug 07, and was credited with 22 years, and 7 days of active service.

The remaining relevant facts pertaining to this application is described 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 the applicant’s request, indicating there is evidence of an error or injustice.  A member with a spouse and children at retirement may elect coverage for only the spouse, only the children, or cover the spouse and the children.  In an election for spouse and child coverage, the spouse is the primary beneficiary; any eligible children are contingent beneficiaries and will receive payment only in the event the spouse dies or remarries before age 55.  A member who has an eligible spouse or child beneficiary, but fails to elect SBP coverage for that person prior to the effective date of retirement, may not later provide SBP protection unless Congress authorizes an open enrollment.  The applicant’s son was born 25 Jul 07, seven days before his retirement.  They were unable to determine if the applicant was or was not properly briefed on the procedure to add a child born prior to retirement, however, they were able to determine the applicant, less than one month after the child was born, did attempt to add his son to his SBP coverage by sending a letter to Defense Finance and Accounting Services – Cleveland (DFAS-CL); however, he did not receive a response from them.  It is reasonable to presume the applicant would have submitted a “corrected” DD Form 2656, to add his child prior to his retirement date, if he was aware of that requirement.  On 4 Sep 15, DFAS-CL received a DD Form 2656-6, SBP Election Change Certificate, from the applicant requesting to add his son to his SBP.  On 8 Sep 15, DFAS responded and informed the applicant that he could not add his son to the SBP because they were not notified prior to the first year of the child’s birth.  To preclude an injustice, they recommend relief be granted and   the applicant’s record corrected to reflect he elected spouse and child coverage based on full retired pay effective 1 Aug 07.  Approval should be contingent upon recoupment of all applicable premiums.  The applicant provided no explanation as to why it took almost eight years to submit his request for correction
 
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 7 Sep 16 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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.  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.  He elected Survivor Benefit Plan (SBP) spouse and child coverage based on full retired pay effective 1 Aug 07.  

b.  Approval should be contingent upon recoupment of all applicable premiums.  

The following members of the Board considered AFBCMR Docket Number BC-2016-00290 in Executive Session on 21 Jun 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00290 was considered:

	Exhibit A.  DD Form 149, dated 19 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 12 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Sep 16.

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.