RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:
		DOCKET NUMBER:  BC-2013-00918
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he declined coverage under the Survivor Benefit Plan (SBP) and he be refunded premiums deducted from his retired pay after his
 divorce.
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APPLICANT CONTENDS THAT:

Upon retirement on 1 July 2011, he elected spouse and child coverage under the SBP.  He divorced in August 2011 and remarried in September 2011.  On 
12 July 2012, an SBP counselor forwarded documentation to him regarding SBP.  The Defense Finance and Accounting Service (DFAS) show that the paperwork 
submitted in July 2012 was not submitted in a timely manner.

In support of the applicant’s appeal, he provides a copy of DD Form 2656, Survivor Benefit Plan Election Change Certificate, marriage certificate, divorce 
decree and other documentation.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The 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.

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AIR FORCE EVALUATION:

DFAS-JFBE recommends denial.  DFAS states the applicant divorced on 20 August 2011 and remarried on 5 September 2011.  He has 
one-year from the date of his remarriage to not resume any SBP 
coverage for his new spouse.  If a declination is not received 
within one year of the marriage, his new spouse is automatically 
covered under SBP.  They did not receive his notification until 
9 October 2012, stating that he did not want to resume SBP 
coverage for his new spouse.  This is past the one-year 
remarriage date; therefore, his SBP was changed to reflect his 
current spouse as his SBP beneficiary.  They did not receive the 
form that the applicant states was sent/faxed on 12 July 2012 by 
the Ramstein Air Base SBP counselor.  His paperwork was signed 
on 23 July 2012; however, they never received it until 9 October 
2012.  The applicant did not send any proof that the document 
was faxed in July 2012.

According to law, they cannot accept his declination to not 
cover his current spouse under SBP since they did not receive 
his notification within one year of his marriage.  He can still 
choose to withdraw from SBP during his 25th through 36th month 
of coverage (1 July 2013 through 30 June 2014).  If he chooses 
to terminate his SBP coverage during the 25th through 36th month 
of coverage, he is barred forever and cannot reenter the plan.

The DFAS complete evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 March 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice.  Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00918 in Executive Session on 7 November 2013, under the provisions of 
AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 5 February 2013, w/atchs.
  Exhibit B.  Letter, DFAS/JFBE, dated 20 March 2013, w/atch.
  Exhibit C.  Letter, SAF/MRBR, dated 22 March 2013.
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