RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04366

MAURICE S. EPPS	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was already divorced when he retired in 1999, and so elected child-only SBP coverage.  In 2012, he married his current spouse in Hong Kong and has resided in the Philippines ever since.  In October 2016, during a visit to the Continental United States (CONUS), he visited a Military Personnel Flight (MPF) to request his wife be added to the SBP.  The MPF personnel informed him that since he had failed to submit a valid election within one year of his marriage he could no longer do so.  He explained that he lived overseas and did not have a military facility nearby to obtain advice.  When he married his current wife, he was able to enroll her in the Defense Enrollment Eligibility Reporting System (DEERS) at the United States Embassy.  However, the Embassy provided no information on updating the SBP.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force senior master sergeant.  DFAS confirmed a DD Form 2656 with reduced base amount for child only coverage dated 24 May 99.  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.  On 20 Jun 12, the applicant married his current spouse but failed to notify the Defense Finance and Accounting Service-Cleveland (DFAS-CL) within the first year of their marriage, as required by federal law.  Information sources, such as The Afterburner, News for USAF Retired Personnel, routinely contain articles on SBP options when marrying after retirement.  The Afterburner is forwarded to the correspondence address of Air Force retirees; alternatively, electronic copies are available from the Air Force Retiree website at www.retirees.af.mil .  The website also provides detailed information on the SBP.  The complete advisory is at Exhibit C.
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 THAT:

1.  The application was not 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 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.  In addition, the Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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 Docket Number BC-2016-04366 in Executive Session on 1 May 18 and 26 Sep 18:

Mr. Joseph Yount, Panel Chair
Mr. William Troy, Panel Member
Mr. Douglas McDevitt, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 Oct 16
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFFF, dated 17 Oct 17.
Exhibit D:	Notification of Advisory, SAF/MRBC 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.