RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02416

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His record be changed to show he elected spouse and children coverage under the Survivor Benefit Plan (SBP), to include coverage for his current spouse.

APPLICANT’S CONTENTIONS

Based upon the advice from the counselor, given that his previous military spouse had her own retirement, he elected SBP coverage for his son only.  The counselor’s advice was wrong and he requests to include his current spouse and will pay the premium.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).

On 10 May 06, according to DD Form 2656, Data for Payment Retired Personnel, the applicant elected Option C (Coverage for Child[ren] Only) based on full retired pay and his now-deceased military spouse concurred with the decision.

On 2 Jan 10, according to DD Form 2656, the applicant’s now-deceased military spouse elected Option C based on full retired pay and the applicant concurred with the decision.

On 1 May 19, according to a Certificate of Death, provided by the applicant, his retired military spouse passed away.

On 17 Oct 20, according to a Certificate of Marriage, provided by the applicant, he married his current spouse.

On 27 Feb 21, according documentation provided by the applicant, he contacted the Defense Finance and Accounting Service (DFAS) via letter, and submitted a DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, electing Spouse Only coverage based on full retired pay, for his current spouse.

On 24 Mar 21, according to documentation provided by the applicant, he contacted DFAS via letter notifying them he had initiated a death claim for his deceased military spouse’s SBP for himself and his son, and requested information regarding benefits.
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

DoD 7000.14-R, Financial Management Regulation, Vol 7B, Chapter 430501C(2).  “A member with an eligible spouse and dependent child on the date of retirement who refuses coverage for an eligible spouse, and chooses to elect coverage for child only, is prohibited from electing spouse coverage at a later date, except under section 4308 (Open Enrollment).”

10 U.S.C. § 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.”  

AIR FORCE EVALUATION

DFAS-CL provides their advisory for informational purposes only.  In accordance with the laws governing SBP, DFAS does not have the authority to accept the applicant’s request to add his current spouse to his SBP.  The applicant is requesting to add his current spouse as an eligible beneficiary to his SBP, and is also requesting benefits from his deceased military spouse’s SBP.  Upon his retirement, the applicant elected Child Only SBP coverage (spouse excluded), and his now-deceased military spouse concurred with his election.  His son has since attained the age of 22 years, and as a result, is no longer an eligible child SBP beneficiary.  The applicant’s premiums were no longer deducted from that point forward. 

Upon his marriage to his current spouse, the applicant provided DFAS a copy of the marriage certificate and a DD Form 2656-6 requesting his new spouse be added to his SBP.  He was notified by DFAS that he could not add a spouse to his SBP since he declined to elect spouse coverage upon retirement, and could not add spouse coverage at a later date.

When the applicant’s now-deceased military spouse retired, she elected Child Only SBP coverage, with the applicant’s concurrence.  Upon her death, her dependent child had attained the age of 22 years, and as a result, was not entitled to the SBP child annuity.  The applicant is entitled to the arrears of pay from her retirement account.  The applicant must complete and submit the Standard Form 1174, Claim for Unpaid Compensation of Deceased Member of the Uniformed Services, in order to claim the arrears of pay due.  The applicant is not entitled to an SBP annuity as his now-deceased military spouse did not elect spouse coverage.

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 30 Mar 22 for comment (Exhibit D), but has received no response.

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.  At the time of his retirement, the applicant elected Child Only coverage (excluded spouse coverage), with his then-spouse’s concurrence.  Therefore, in accordance with DoD 7000.14-R, a member with an eligible spouse and dependent child on the date of retirement who refuses coverage for an eligible spouse, and chooses to elect coverage for child only, is prohibited from electing spouse coverage at a later date, except under section 4308 (Open Enrollment).” Accordingly, the Board recommends against correcting the applicant’s record.

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-2021-02416 in Executive Session on 21 Apr 22:

, 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 31 Mar 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, DFAS-CL, w/atchs, dated 29 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 30 Mar 22.

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.