RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03995 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His record be corrected to reflect he elected spouse coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:
He retired in 2008; however, he was not married. He was not made aware that he could change his SBP election, if he ever married again, and only found out when he went to update his newborn son in the Defense Enrollment Eligibility Reporting System (DEERS).

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

STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 13 Dec 85.
On 31 May 08, the applicant was relieved from active duty and retired effective 1 Jun 08 in the grade of technical sergeant. He was credited with 22 years, 5 months, and 18 days of total active service.

According to DD Form 2656, Data for Payment of Retired Personnel, dated 5 Mar 08, the applicant elected child only coverage based on full retired pay. On this same date, the applicant acknowledged  he was briefed on the SBP options if he married after retirement.

According to a marriage license, on 15 Mar 12, the applicant married his current spouse. According to DD Form 2656-6, SBP Election Change Certificate, provided by the applicant, on 27 Sep 16, he elected child only coverage based on full retired pay for his newest son (DOB:  15 Sep 16).

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.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial indicating the applicant’s contention that he was not made aware he could change his SBP if he ever married again is without merit. His signature on the SBP RIP, dated 5 Mar 08, indicates he was briefed on the SBP options if he married after retirement.

It is the responsibility of each retiree to take timely and appropriate action to insure their spouses are properly designated for military benefits. The Afterburner, News for Air Force Retired Personnel, routinely contained articles to advise retirees of their SBP options when marrying after retirement. The Afterburner was either forwarded to the correspondence address the applicant provided to the finance center or could be obtained from the Air Force Retiree website at www.retirees.af.mil. The website also provides detailed information on the SBP. SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to have coverage.

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 24 Apr 17, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:
Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice. We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application. Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest   of

justice to excuse the failure to timely file the application. Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-03995 in Executive Session on 24 Oct 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

Member

Panel Chair Member
The following documentary evidence pertaining to AFBCMR Docket Number was considered:

Exhibit A.	DD Form 149, dated 29 Sep 16, w/atchs. Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPFFF, undated, w/atch. Exhibit D.	Letter, AFBCMR, dated 24 Apr 17, w/atch.

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.