RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02155 

   						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His application for enrollment in the Survivor Benefit Plan (SBP) for his spouse, dated 24 Jun 15, be accepted. 

APPLICANT CONTENDS THAT:

He completed his SBP application on 24 Jun 15, at the retirement office at McDill AFB, FL, and watched the Retirement Service Office fax the application to the Defense Finance and Accounting Service (DFAS).  He called DFAS on 23 Sept 15, and was advised to re-fax his application, which he did, and he faxed his marriage registration on 7 Apr 16 at the request of DFAS.  On 22 Apr 16, he received a letter from DFAS advising him he should have submitted his application prior to the first anniversary of his marriage.   His original submissions was prior to the first anniversary of his marriage.

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

STATEMENT OF FACTS:

On 1 Apr 05, the applicant retired in the grade of colonel, and was credited with 34 years, 5 months, and 26 days of total service for pay.  

According to the documentation submitted by the applicant:

a.  On 19 Jul 14, the applicant married.  

c.  On 24 Jun 15, he signed his DD Form 2556-6, Survivor Benefit Plan Election Change Certificate, electing Spouse Only coverage based on full retired pay, and that signature was witnessed by the Retirement Service Officer at MacDill AFB, FL.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached 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 who is unmarried at retirement may elect coverage for the first spouse acquired after retirement; 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.

The applicant was a Reservist, who was not married and had no eligible dependent children.  On 7 May 13, he elected to decline SBP coverage prior to attaining age 60.  On 19 Jul 14, he married.  On 24 Jun 15, he completed a DD Form 2656-6 requesting spouse only coverage based on full retired pay.  DFAS confirms receipt of the form via fax on 23 Sep 15, after the one year anniversary of his marriage, and did not honor his request.  While the applicant did attempt to comply with the statutory requirement, he missed the one year requirement by two months.  Normally, in these situations, DPFFF would use our delegated authority under Title 10 United States Code (USC) § 1454 to correct errors which are administrative in nature.  However, the request to correct an administrative error must be “timely” for DPFFF to make such and administrative correction, and in this case time has expired.  

In the interest of justice, we recommend the AFBCMR correct the applicant’s record as requested.  Approval should be contingent upon recoupment of all applicable premiums the applicant would have paid had he made the election at that time.

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 26 Jan 17 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 timely filed.

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 AFPC/DPFFF 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 on 18 July 2015, he elected spouse only Survivor Benefit Plan coverage based on full retired pay.  Approval should be contingent upon recovery of any applicable premiums.

The following members of the Board considered AFBCMR Docket Number BC-2016-02155 in Executive Session on 29 August 2017 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary was considered:

	Exhibit A.  DD Form 149, dated 2016-05-24, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 10 Nov 16.
	Exhibit D.  Letter, SAF/MRBR, dated 26 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.