RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03938 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her record be changed to show she elected child only coverage under the Survivor Benefit Plan (SBP), rather than spouse coverage. 2. She be reimbursed the difference from spouse to child coverage retroactive from the time her child turned 23. _________________________________________________________________ APPLICANT CONTENDS THAT: She retired on 1 October 1996. During her retirement out- processing she completed paperwork for SBP for her daughter, but was charged instead for a spouse. She has been divorced since 16 February 1983 and provided a copy of the divorce decree to personnel to have her status changed. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to DFAS-CL, the applicant’s account has been adjusted based on the divorce decree and her daughter’s birth certificate. The credit issued to the applicant in the amount of $5,219.14 was subject to the 6-year barring statute. Her account is currently showing as no beneficiary. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends approval. DPSIAR states the applicant was not married and attempted to elect child only coverage based on full retired pay prior to her 1 October 1996 retirement. Instead, DFAS-CL established spouse coverage based on full retired pay. DPSIAR requested DFAS-CL retrieve the members DD Form 2656, but the document has not yet been located. The applicant provided a copy of her 16 February 1983 divorce decree and a notarized statement that she was unmarried on the date of her retirement. DPSIAR forwarded these documents to DFAS-CL and requested her SBP record be adjusted to reflect child only coverage based on full retired pay under the SBP, retroactive to her 1 October 1996 retirement, stop spouse SBP premium and refund the difference in monthly premiums subject to the 6-year statute of limitations. DPSIAR recognizes the need to ensure the spouse of a married member is not excluded from SBP’s protection when the member fails or refuses to submit a valid election prior to retiring. Nevertheless, it is a burden for unmarried individuals to have 6.5 percent of their retired pay suppressed when DFAS-CL automatically assumes every retiring member is married. While the six-year statute of limitations is a long-standing and commonly-acknowledged government principle, the applicant’s explanation of the many challenges she faced after retiring gives merit to her delay in requesting correction. There is no evidence of Air Force error in this case, but in the interest of injustice, they recommend approval. The complete DPSIAR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 October 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the recommendation of AFPC/DPSIAR. Evidence has been provided that supports the applicant was not married and attempted to elect child only coverage prior to her 1 October 1996 retirement. As such, we believe the evidence is sufficient to find it in the interest of justice to correct the record. Therefore, we recommend that the records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 October 1996, she elected child coverage under the Survivor Benefit Plan (SBP) based on full retired pay. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03938 in Executive Session on 7 May 2013, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary was considered: Exhibit A. DD Form 149, dated 5 August 2012, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 26 September 2012. Exhibit C. Letter, SAF/MRBR, dated 9 October 2012.