RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03581

XXXXXXXXXXXXXX	COUNSEL: NONE

HEARING REQUESTED: YES

APPLICANT’S REQUEST

His record be corrected to allow him to enroll his spouse in the Survivor Benefit Plan (SBP).

APPLICANT’S CONTENTIONS

He was not aware of the program at the time of retirement. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS
The applicant is a retired Air Force master sergeant (E-7).

On 16 Jan 98, according to the DD Form 2656, Data for Payment of Retired Personnel, the applicant elected not to participate in SBP and his wife concurred with the SBP election.

On 28 Feb 98, the applicant was relieved from active duty and retired effective 1 Mar 98.

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. A member who is married at retirement and declines spouse coverage under the SBP may not provide coverage for that spouse or any future spouse, unless Congress authorizes an open enrollment. Public Laws (PLs) 101-189, 105-26, and 108-375 established open enrollment periods (1 Apr 92 – 31 Mar 93, 1 Mar 99 – 29 Feb 00, and 1 Oct 05 – 30 Sep 06), so that retirees could elect or increase SBP coverage.

Defense Enrollment Eligibility Reporting System records reflect the applicant and his wife were married on 20 Sep 91. According to Defense Finance and Accounting Services records, the applicant declined SBP coverage, with spousal concurrence prior to his 1 Mar 98 retirement. The

applicant had the opportunity to elect spouse coverage during two established SBP enrollment periods (1 Mar 99 - 29 Feb 00 and 1 Oct 05 – 30 Sep 06). However, there is no evidence the applicant submitted an election form and SBP premiums have never been deducted from his retired pay.

The complete advisory opinion is at Exhibit C.

APLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 May 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.	The application was not timely filed.

2.	The applicant exhausted all available non-judicial relief before applying to the Board.

3.	After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice. The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR). The Board does not find it in the interest of justice to waive the three-year filing requirement. Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.	The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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 Docket Number BC-2019-03581 in Executive Session on 25 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record. The panel considered the following: Exhibit A: Application, DD Form 149, dated 9 Jul 19.
Exhibit B: Documentary evidence, including relevant excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFFF, w/atch, dated 1 May 20.
Exhibit D: Notification of advisory, SAF/MRBC to applicant, dated 12 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.