RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04839

	COUNSEL: NONE

	HEARING: NO

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

APPLICANT’S CONTENTION.  On 10 Nov 08 [sic], he married his spouse and immediately informed the Defense Finance and Accounting Service (DFAS) so that his records would be updated to include his wife.  The information was logged in, but he was not provided information regarding the requirements to establish SBP coverage for his wife.

STATEMENT OF FACTS.  The applicant is a retired Air Force technical sergeant.  On 3 Nov 08, the applicant married his spouse and on 18 Jul 16, he submitted an election to establish SBP coverage for his wife.  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.  There is no evidence the applicant submitted a valid election within the first year of his marriage.  The applicant was not married and had no eligible dependent children and elected to decline SBP prior to attaining age 60 on 22 Sep 05.  On 3 Nov 08, the applicant married his spouse and on 18 Jul 16, he complete an election to establish SBP coverage on his wife’s behalf.  However, DFAS did not honor his election, because he failed to submit a valid election within the first year of marriage. 
  
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 17 Oct 17 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

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, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with AFPC/DPFFF and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, 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.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the application was not timely filed; that 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 AFBCMR Docket Number BC-2016-04839 in Executive Session on 29 Mar 18:

	, Panel Chair
	, Member
	, Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 1 Dec 16, w/atchs.
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/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.