RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04675

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  He be allowed to elect spouse coverage under the Survivor Benefit Plan (SBP).

APPLICANT’S CONTENTION.  He married after retirement and missed the one-year deadline to elect coverage for his wife.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  On 24 Jul 03, the applicant initially entered the Regular Air Force.  
On 8 Oct 13, the applicant acknowledged that he was briefed on SBP options regarding marriage after retirement.  According to the DD Form 2656, Data for Payment of Retired Personnel, dated 23 Dec 13, the applicant did not have an eligible dependent for SBP and declined to participate in the program prior to his retirement on 1 Jan 14.  On 1 Apr 14, the applicant married his spouse.  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, indicating the applicant failed to submit a valid election within the first year of marriage to the Defense Finance and Accounting Service - Cleveland (DFAS-CL).  On 11 Aug 16, the applicant completed an election to establish SBP coverage for his wife based on full retired pay.  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.  In addition, it would be inappropriate to provide the applicant an additional opportunity to elect SBP coverage, an opportunity not afforded to others similarly situated.

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:

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, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with AFPC/DPFFF and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant should remain alert for potential Open Season opportunities for electing SBP coverage.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; 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-2016-04675 in Executive Session on 29 Mar 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 10 Jan 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFFF, dated 2 Oct 17, w/atch.
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.