RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04676

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  That his child only coverage under the Survivor Benefit Plan (SBP) be changed to spouse and child coverage.

APPLICANT’S CONTENTION.  He was miscounseled at the time of his retirement.  He was never informed that he would not have the option to add a spouse, if he remarried. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the Regular Air Force on 23 May 84. According to DD Form 2656, Data for Payment of Retired Personnel, dated 10 Feb 05, the applicant elected child only SBP coverage based on full retired pay, and his former spouse concurred with the election.  On 1 Apr 05, the applicant 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 elected child only SBP coverage prior to his 1 Apr 05 retirement, and his former spouse concurred with the election.  On 3 Oct 14, the applicant and his former spouse divorced.  On 7 Nov 14, he married his current spouse.  There is no evidence the applicant was improperly counseled at the time of his retirement regarding the options and effects of SBP.  His former spouse’s signature on DD Form 2656 indicates her acknowledgement of the decision to elect child only coverage and that the election would be irrevocable.  The applicant had two opportunities to elect SBP coverage for his former spouse, but failed to do so.  Since the applicant excluded his first spouse as an SBP beneficiary, he cannot elect coverage for his current spouse.  Approval of this request would provide the applicant an additional opportunity to elect SBP coverage not afforded other retirees similarly situated and is not justified.  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), and the applicant replied on 18 Feb 18.  In his response, the applicant contended he was not properly counseled by the SBP representative regarding his then wife’s eligibility for SBP coverage.  He was never informed that he would not be able to elect coverage for a spouse if he remarried.  The applicant’s complete response is at Exhibit E.

CONCLUSION OF THE BOARD.  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.  In particular, the Board takes note of AFI 36-3006, Survivor Benefit Plan (SBP) (Active, Guard, Reserve, and Retired), paragraph 6.1, which states as follows:  “A member who is married but declines spouse coverage at retirement may not elect spouse coverage after retirement for the same or a later acquired spouse except when authorized during an open enrollment period.”  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-2016-04676 in Executive Session on 12 Jul 18:

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

Exhibit A: Applicant’s application, DD Form 149, dated 14 Nov 16.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFFF, dated 26 Sep 17, w/atch.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 5 Feb 18.
Exhibit E: Letter, Applicant, dated 18 Feb 18, w/atchs.

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