RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01924 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His child only coverage under the Survivor Benefit Plan (SBP) be changed to spouse and child coverage. APPLICANT CONTENDS THAT: At the time of his retirement, he elected spouse and child coverage; however, due to his divorce the, SBP coverage was changed to former spouse and child. His former spouse passed away on 13 Jan 14 and as a result of her passing his SBP coverage was changed to child only. He wants his child only SBP coverage changed to spouse and child with his current spouse as the SBP beneficiary. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the Defense Finance and Accounting Service, the applicant retired from the Air Force on 1 Jul 74. On 13 May 14, SAF/MRBR notified the applicant that he needed to complete a signed notarized retiree affidavit (Exhibit B). In response the applicant provided the signed notarized retiree affidavit (Exhibit D). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice. At the time of the applicant’s 1 Jul 74 retirement he was married and elected SBP for spouse and child. The parties divorced on 5 Sep 95. On 6 Sep 95, his coverage was changed to former spouse and child. On 11 Sep 99, the applicant married S. On 13 Jan 14, the applicant’s former spouse passed away and as a result of her passing his SBP coverage was changed to child only. Under the laws governing SBP an election for former spouse coverage terminates any prior coverage held. Furthermore, the law does not permit a change from former spouse to spouse coverage after the former spouse has died. The Department of Defense (DoD) Office of General Counsel (OGC) has previously determined that 10 U.S.C. 1450(f)(1) does not permit a change from former spouse to spouse coverage after the former spouse has died. Allowing such a change would permit a situation where a married member could avoid paying premiums after the death of the former spouse but still receive the benefit of an annuity for his spouse. The statue has been interpreted to mean that the change from former spouse to spouse coverage must be made while the former spouse is living. There is no evidence the applicant sought to change the former spouse coverage to spouse prior the death of his former spouse. Therefore, the applicant is not eligible to change his SBP coverage from child to spouse and child. On occasion Congress authorizes an Open Season enrollment period to allow retirees to enroll in SBP. The applicant will have the option to elect spouse coverage during an open enrollment. A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant argues whether or not he would make the monthly premium payments is not the issue because he has made 410 monthly premium payments and SBP requires 360 months of premium payments for the SBP to be paid in full. He is requesting that his SBP coverage be reinstated to the survivor coverage he initially enrolled in. His SBP should be able to be transferred to his current spouse. The applicant’s complete response is attached at Exhibit F. 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 injustice. The applicant contends he should be allowed to amend his child only SBP coverage to add his current spouse since his former spouse is deceased and his SBP premiums have been paid in full. We took notice of the applicant’s complete submission, to include his rebuttal response, in judging the merits of the case. We note, under the laws governing Survivor Benefit Plan a request to change former spouse coverage to spouse coverage must be done prior to the death of the former spouse. Furthermore, there is no evidence the applicant requested a changing the former spouse coverage to spouse coverage prior to his former spouse’s death. Furthermore, the applicant may in the future elect SBP for his current spouse during an authorized open enrollment by Congress. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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. The following members of the Board considered AFBCMR Docket Number BC-2014-01924 in Executive Session on 6 May 15 under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01924 was considered: Exhibit A. DD Form 149, dated 21 Apr 14, w/atchs. Exhibit B. Letter, SAF/MRBR, dated 13 May 14, w/atch. Exhibit C. Memorandum, DFAS-JFBE-CL, dated 3 Jun 14. Exhibit D. SBP Marital Status Affidavit – Retiree, dated 11 Jun 14. Exhibit E. Letter, SAF/MRBR, dated 4 Aug 14. Exhibit F. Letter, Applicant, dated 26 Aug 14. 3