RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-05254

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His records be corrected to show that he made a timely election 
for spouse coverage under the Survivor Benefit Plan (SBP).


APPLICANT CONTENDS THAT:

He must have incorrectly completed the form to establish his 
wife as the beneficiary to his SBP.  He has been married for 
37 years and had no reason to exclude her.

The Board should find it in the interest of justice to consider 
his untimely application because he had no intention of 
excluding his wife as a beneficiary.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Regular Air Force and retired 
effective 1 August 1994.

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:

AFPC/DPFFF recommends denial indicating there is no evidence of 
an error or injustice.  The Defense Enrollment Eligibility 
Reporting System shows the applicant and his spouse were married 
on 30 September 1977.  He elected child only SBP coverage based 
on full retired pay prior to his 1 August 1994 retirement and 
his wife concurred in his election.  There is no indication in 
any retired pay system reflecting spouse SBP premiums were ever 
deducted from the applicant's retired pay.  There is also no 
evidence the applicant submitted an open enrollment election to 
provide SBP coverage in his wife's behalf during the two 
opportunities authorized by Public Laws 105-261 or Public Laws 
108-375.  The youngest child lost eligibility due to age and SBP 
premiums were suspended on 1 July 2013.  The applicant had two 
opportunities to elect SBP coverage for his wife, but failed to 
do so.  It is each member's responsibility to ensure required 
actions are taken to provide current and future family members 
with military benefits and privileges available to them and pay 
the costs associated with these programs' protection.  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.

A complete copy of the DPFFF evaluation, with attachments, is at 
Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 June 2015, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (Exhibit D).


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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or 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 the 
rationale expressed as the basis for our conclusion the 
applicant has not been the victim 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.


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 this application 
in Executive Session on 18 August 2015, under the provisions of 
AFI 36-2603:

      , Vice Chair
      , Member
      , Member

Due to the unavailability of -------, ------- will sign as 
Acting Panel Chair. The following documentary evidence was 
considered:

      Exhibit A.  DD Form 149, dated 16 December 2014.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Memorandum, AFPC/DPFFF, dated 13 March 2015, 
             w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 3 June 2015.