RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03767

	COUNSEL:  NONE
	HEARING: NO

APPLICANT’S REQUEST.  Her late spouse’s records be corrected to entitle her to a Survivor Benefit Plan (SBP) annuity.

APPLICANT’S CONTENTION.  At the time of her spouse’s retirement, he was not married and did not have a beneficiary.  He was not aware that he needed to elect coverage for her within a year of their marriage.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The former service member is a retired Air Force master sergeant.  On 11 Aug 98, the service member declined to participate in SBP and retired on 1 Feb 99.  The applicant and the former service member married on 31 May 03.  On 28 Jul 16, the former service member died.  For more information, see the excerpt of the service member’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DPFFF recommends denying the application.  There is no evidence the former service member elected SBP spouse coverage within the first year of their marriage as required by law.  The complete advisory is at Exhibit C.

An unmarried service member, who declined SBP at retirement, may elect coverage for the first spouse acquired after retiring; however, the election must be made before the first anniversary of that marriage.  If the service member fails to make an election before the first anniversary, SBP coverage for a spouse can only be made if Congress authorizes an open enrollment period.  Congress authorized an SBP open enrollment period beginning 1 Oct 05 - 30 Sep 06.  The open enrollment allowed service members, who declined or had less than maximum level of SBP coverage, an opportunity to elect to participate or increase their coverage.

The service member had at least two opportunities to elect SBP coverage for his spouse, but failed to do so.  Furthermore, it is each retiree’s responsibility to elect the type and level of coverage for their family’s protection.  In addition, it would be inappropriate to provide the applicant an additional opportunity to obtain SBP coverage, an opportunity not afforded to others similarly situated.  SBP is similar to commercial life insurance in that an individual must elect to participate when eligible and pay the associated premiums in order to have coverage.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 5 Feb 18 for comment (Exhibit D), but has received no response.  

THE BOARD CONCLUDES:

1.  The application was timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, the Board concludes that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-03767 in Executive Session on 29 Mar 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 22 Nov 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFFF, dated 21 Sep 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 5 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.