RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04197

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  Change his Survivor Benefit Plan (SBP) child only coverage to spouse and child coverage based on full-retired pay.

APPLICANT’S CONTENTION.  At the time of his placement on the Temporary Disability Retired List (TDRL), he and his spouse were advised to wait to make an election for SBP until his retirement became permanent.  Once his retirement became permanent, he was told he could not make an election but could elect coverage during an open enrollment, which was offered every few years.  He contacted the Defense Finance and Accounting Service (DFAS) regarding adding his spouse to his child only SBP and was told since he had previously declined SBP coverage he would have to wait for an authorized open enrollment period to change his coverage to include his spouse.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the Regular Air Force on 20 May 05.  On 1 Oct 07, he was placed on the TDRL.  On 2 Oct 07, he declined to elect SBP and his wife concurred with his election.  On 2 May 11, he was removed from the TDRL and permanently disability retired.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DPFFF recommends denying the application.  The applicant and his spouse both declined SBP prior to being placed on the TDRL.  On 2 May 11, he was removed from the TDRL and was placed on Permeant Disability Retired List (PDRL).  On 27 Aug 11, he acquired a child, and DFAS-CL established child only SBP coverage based on full retired pay on 10 Apr 12.

Prior to retiring, service members are provided in-depth information about the options and effects of the SBP.  AFPC/DPFFF cannot confirm the applicant’s contention that he received erroneous information as to when he should make his election for SBP.  However, there is a strong basis to presume the SBP counselors administratively discharged their duties correctly, and in compliance with the laws controlling the SBP.

A service member who has an eligible spouse and declines coverage for that spouse under the SBP at the time of retirement, may not provide coverage for that spouse or any future spouse, unless Congress authorizes an open enrollment.

Furthermore, it would be inappropriate to provide the applicant an additional opportunity to elect SBP coverage, an opportunity not afforded to other service members 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. 

The complete advisory is at Exhibit C.

APPLIANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 25 Aug 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion 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-2016-04197 in Executive Session on 22 Mar 18:

	, Panel Chair
	, Member
	, Member

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

Exhibit A: Claimant’s application, DD Form 149, dated 3 Oct 16, w/atch.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFFF, dated 14Apr 17, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBR to claimant, dated 25 Aug 17.

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