RECORD OF PROCEEDINGS
IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02685
XXXXXXXXXXXXXXX	COUNSEL: NONE
HEARING REQUESTED: NO

APPLICANT’S REQUEST
Her election of benefits under the Survivor Benefit Plan (SBP) be changed. Specifically, to establish SBP coverage for her spouse.
APPLICANT’S CONTENTIONS
She was paralyzed from the neck down due to an automobile accident and was not of sound mind to decline SBP.
The applicant’s complete submission is at Exhibit A.
STATEMENT OF FACTS
The applicant is a retired Air Force major (O-4).
According to documentation provided by the applicant and analysis of the facts, the following information is provided:
On 20 Dec 14, the applicant and her spouse were married.
On 20 Oct 16, per a Department of Veterans Affairs (DVA) Proposed Rating Decision, the applicant was assigned a 100 percent disability rating for Quadriplegia with loss of use to both hands and legs and a 70 percent disability rating for Major Depressive Disorder.

On 7 Nov 17, according to DD Form 2656, Data for Payment of Retired Personnel, the applicant elected to decline participation in SBP. On this same date, her spouse concurred with the SBP election.

On 28 Jan 18, the applicant was relieved from active duty and permanently disability retired with a compensable percentage for physical disability of 100 percent, effective 29 Jan 18.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

Controlled by: SAF/MRB
CUI Categories: SP-MIL/SP-PRVCY Limited Dissemination Control: N/A POC: SAF.MRBC.Workflow@us.af.mil

AFBCMR Docket Number BC-2020-02685 CUI//SP-MIL/SP-PRVCY

APPLICABLE AUTHORITY/GUIDANCE
10 U.S.C. § 1448(a)(2)(A). “Participants in the plan. The Plan applies to the following persons, who shall be participants in the Plan: … Standard annuity participants.- A person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay.”

10 USC § 1448(a)(3)(A). “A married person who is eligible to provide a standard annuity may not without the concurrence of the person’s spouse elect (i) not to participate in the Plan; (ii) to provide an annuity for the person’s spouse at less than the maximum level; or (iii) to provide an annuity for a dependent child but not for the person’s spouse.”

DoD 7000.14-R, Financial Management Regulation, Volume 7B, paragraph 450202, “Members electing SBP coverage must pay a premium for such coverage. Premiums are collected either through reduction of retired pay, deductions from the retired member’s Combat-Related Special Compensation (CRSC), or direct remittance.”
AIR FORCE EVALUATION
AFPC/DPFFF recommends granting the application, indicating there is no evidence of an Air Force error; however to preclude an injustice, it would be appropriate to correct the applicant’s record to reflect that on 29 Jan 18, she elected spouse SBP coverage based on full retired pay. Approval should be contingent upon recoupment of all applicable retroactive SBP premiums.

SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by law and pay the associated premiums in order to have coverage. It is the retiring member’s responsibility to elect SBP coverage that suits his/her family and the spouse’s right to concur or non-concur in any election that omits spouse coverage, or bases spouse coverage on a reduced level of retired pay.

The Defense Finance and Accounting Service records reflect the applicant declined SBP coverage prior to her 29 Jan 18 retirement. In addition, the records reflect that a spousal concurrence statement was signed agreeing with the decision to decline coverage. The Defense Casualty Information Processing System confirms the applicant was involved in a car accident, leading to quadriplegia and a subsequent medical retirement.
The complete advisory opinion is at Exhibit C.
APPLICANT’S REVIEW OF AIR FORCE EVALUATION
The Board sent a copy of the advisory opinion to the applicant on 16 Feb 21 for comment (Exhibit D), and the applicant replied on 1 Mar 21. In her response, the applicant contended she agrees with the OPRs recommendation.
FINDINGS AND CONCLUSION
1.	The application was 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. While the Board notes the comments of AFPC/DPFFF in favor of granting relief, the Board believes a preponderance of the evidence fails to substantiate the applicant’s contentions. Specifically, the Board notes the applicant declined coverage and her spouse concurred with election. By law, a member who is married but declines spouse coverage at the time of retirement may not select spouse coverage after retirement for the same or a later acquired spouse except when authorized during an open enrollment period. Therefore, in the absence of sufficient evidence the applicant was treated differently from others similarly situated, the Board finds a preponderance of the evidence does not substantiate the applicant’s contentions. Accordingly, the Board recommends against correcting the applicant’s records.
RECOMMENDATION
The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2020-02685 in Executive Session on 22 Apr 21:

, Panel Chair 
, Panel Member
, Panel Member
All members voted against correcting the record. The panel considered the following: Exhibit A: Application, DD Form 149, w/atchs, dated 13 Jul 20.
Exhibit B: Documentary Evidence, including relevant excerpts from official records. Exhibit C: Advisory, AFPC/DPFFF, dated 10 Feb 21.
Exhibit D: Notification of Advisory, SAF/MRBC to Applicant, dated 16 Feb 21. Exhibit E: Applicant’s Response, dated 1 Mar 21.
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.