RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00863 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her records be corrected to show that she elected spouse Survivor Benefit Plan (SBP) coverage.

APPLICANT CONTENDS THAT:
On 26 Oct 15, she mailed her DD Form 2656-6, SBP Election Change Certificate, to the Defense Finance and Accounting Service (DFAS) with her marriage certificate and was informed it would take two to three months to take effect. In Jan 16, she called DFAS and was told to resubmit another DD Form 2656-6, a check for $369.00 to cover SBP premiums for the months of Dec 15, Jan and Feb 16, and another copy of her marriage certificate.

On 18 Feb 16, she called DFAS again because her check had been cashed; however, her records still did not reflect her spouse as a SBP beneficiary. She was informed that she needed to contact SBP Board of Corrections [sic] to find out why her check was cashed but her SBP coverage was not started.

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 24 Jan 85.
According to DD Form 2656, Data for Payment of Retired Personnel, dated 7 May 13, block 14, Marital Status reflects the applicant was single and block 26g, Beneficiary Categories reflects, “I elect not to participate in SBP and I do not have eligible dependents under the plan.”

According to Reserve Order EL-3212, dated 21 May 13, the applicant was placed on the Retired List, Retired Reserve Section effective
24 May 13. She was credited with 28 years, 5 months and 23 days for basic pay.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

According to an Affidavit to Amend a Marriage Record, provided by the applicant and dated 10 Nov 14, the applicant’s date of marriage to her current spouse was corrected to reflect 2 Nov 14 versus 2 Oct 14.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by DFAS-JFBEB-CL, which is attached at Exhibit C.

AIR FORCE EVALUATION:
DFAS-JFBEB-CL recommends denial indicating that in accordance with the laws governing SBP, the applicant’s spouse cannot be established as a SBP beneficiary. Specifically, DFAS had to have been notified of the marriage and that the applicant wanted to cover her spouse under SBP within one year from the date of their marriage.

At the time of the applicant’s retirement, she did not have any eligible beneficiaries for the SBP. On 4 Nov 14, she married her current spouse.

On 2 Feb 16, DFAS received a copy of the applicant’s DD Form 2656- 6, electing SBP coverage for her new spouse. She also provided a copy of her marriage certificate, a check in the amount of
$369.00 and a letter indicating the check represents SBP premiums for the months of Dec 15, Jan and Feb 16. In addition, her DD Form 2656-6 indicated that this is a “2nd request;” however, they have no record of the applicant’s “1st request.”

DFAS cannot add the applicant’s spouse as an eligible SBP beneficiary, as a result, a payment dated 29 Feb 16, in the amount of $369.00 was sent to the applicant to reimburse her for the check she submitted.

A complete copy of the DFAS-JFBEB-CL evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 Jan 17, by letter, the applicant states the DFAS advisory did not include that on 26 Oct 15, she previously submitted a DD Form 2656-6 with a copy of her marriage certificate and that she was informed the SBP coverage should take two to three months to take effect.

In Jan 16, three months after the original DD Form 2656-6 was submitted and when she did not see the SBP deduction, she called DFAS again and was informed that she needed to submit another DD Form 2656-6, a check for $369.00 for premiums covering the months of Dec 15, Jan and Feb 16, as well as, another copy of her marriage certificate, by certified mail.

She does not know what happened to the original form submitted on
26 Oct 15 and unfortunately she did not send it by certified mail receipt.

In support of her appeal, the applicant provides a personal statement, copies of postal service (PS) Form 3811, Domestic Return Receipt, PS Form 3800, USPS Certified Mail Receipt, and various other documents associated with her request.

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

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 DFAS-JFBEB-CL and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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-2016-00863 in Executive Session on 24 Oct 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	

Panel Chair Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 26 Feb 16, w/atchs. Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Memorandum, DFAS-JFBEB/CL, dated 14 Jun 16. Exhibit D.	Letter, AFBCMR, dated 13 Dec 16, w/atch.
Exhibit E.	Applicant’s Rebuttal, dated 8 Jan 17.
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.