RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02739 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His election for spouse only coverage under the Survivor Benefit Plan (SBP) be cancelled.

APPLICANT CONTENDS THAT:

He was improperly instructed by the SBP counselor when he went to add his new spouse to his SBP.  The SBP counselor did not verify his level of coverage with the Defense Finance and Accounting Service (DFAS); therefore, the counselor thought he could elect a reduced amount of coverage.  

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

STATEMENT OF FACTS:

On 1 Apr 09, the applicant retired from the Air Force after serving 22 years and 2 months of total active service.

On 21 Mar 16, according to the documentation provided by the applicant, he elected spouse only SBP coverage with a reduced amount of retired pay of $500.00 for his current wife whom he married on 20 May 15.

On 8 Jul 16, according to the documentation provided by the applicant, the SBP Counselor who initially assisted him with his spouse only SBP coverage signed a memorandum admitting to her error in counseling the applicant and stated, “Had I verified with DFAS prior to submitting his DD Form 2656-6, SBP Election Change Certificate, I would of briefed him that he could not reduce coverage and he would not of taken coverage for his new 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 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, can elect coverage for the first spouse acquired following retirement.  In the event the member originally elected child only coverage, a spouse may be added to that existing coverage; however, the member cannot terminate coverage for the child nor increase or decrease the previous base amount.

The applicant was not married, but had eligible children and elected child only SBP coverage based on full retired pay prior to his 1 Apr 09 retirement.  The youngest child lost eligibility due to age in Nov 13.  The applicant married his current spouse on 20 May 15 and on 21 Mar 16, submitted a DD Form 2656-6 requesting DFAS - Cleveland Center (DFAS-CL) add his spouse to his suspended child only SBP coverage based on a reduced amount of $500.  Since the law does not permit reducing the level of the base amount when adding an eligible beneficiary, DFAS-CL properly established spouse only SBP coverage based on the original level of coverage effective 20 May 16.  Since the SBP counselor failed to verify the existing level of coverage the applicant elected prior to his retirement, it is reasonable to presume the applicant would not have elected to add his spouse to his child only coverage if he understood he could not decrease the level of his existing coverage.  Subsequently, the applicant’s wife signed a concurrence statement, in which she acknowledged she understands the impact of permanently terminating her entitlement to future SBP protection and payments.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 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 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.  In this respect, we note the applicant was not afforded proper counseling before electing to add his spouse and reduce the level of coverage to his existing child only Survivor Benefit Plan (SBP). 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 his DD Form 2656-6, SBP Election Change Certificate, dated 21 March 2016, adding his spouse to his child only SBP coverage be voided and his record corrected to reflect he elected child only coverage based on full retired pay effective 1 April 2009.

The following members of the Board considered AFBCMR Docket Number BC-2016-02739 in Executive Session on 27 Apr 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

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

	Exhibit A.  DD Form 149, dated 8 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 14 Dec 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 6 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.