RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02431

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

His election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) be changed.  Specifically, to elect RCSBP spouse coverage.

APPLICANT’S CONTENTIONS

He married his current spouse on 23 Mar 19, after his retired pay date.  Following their marriage, he completed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, and mailed it to the Defense Finance and Accounting Service (DFAS), Retired Pay Division, 8899 East 56th Street, Indianapolis, Indiana 46249-1200.  While doing some financial planning, he telephoned DFAS and was informed his DD Form 2656-6 was not part of his records.  He was never advised this form should have been posted by registered mail.  It is his custom/habit to post his mailings within a few days of their completion either in his personal mailbox for the postman to pick up or at the local post office.  He does not have the original DD Form 2656-6 in his file; however, he does have a copy with both his signature and the notary’s signature, dated 27 Mar 19, predating the expiration of the one-year requirement for notification.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve lieutenant colonel (O-5), receiving retired pay.

On 10 Apr 91, the applicant submitted AF Form 131, Application for Transfer to the Retired Reserve, effective 30 Jun 91.

On 23 Mar 19, according to a Certificate of Marriage, provided by the applicant, he married his current spouse.

On 27 Mar 19, according to DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, provided by the applicant, he elected Spouse Only coverage, based on full retired pay.  
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and E.

APPLICABLE AUTHORITY

DoD 7000.14-R, Volume 7B, paragraph 540404.  “Any Reserve member who does not have an eligible beneficiary when becoming eligible to participate in the RCSBP, who later marries or acquires a dependent child, may elect to participate in the RCSBP, if the election is completed within 1 year of acquiring a spouse or dependent child.”

AIR FORCE EVALUATION

DFAS-CL provided their advisory for informational purposes only.  At the time of the applicant’s retirement, he did not have a spouse or dependent children.  On 10 Aug 21, DFAS received a DD Form 2656-6 requesting SBP coverage for the applicant’s spouse.  He included a copy of his marriage certificate showing they were married on 23 Mar 19.

In response, they mailed a letter to the applicant, dated 18 Sep 21, denying him coverage for his spouse because they did not receive his election within one year from the date of marriage as required by law.  DFAS received his election on 10 Aug 21, and as a result, his spouse cannot be added as an eligible SBP beneficiary.

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

AMENDED AIR FORCE EVALUATION

DFAS-CL provided an amended evaluation correcting the premium start date if the Board recommends granting the applicant’s request.  

The complete amended advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AMENDED AIR FORCE EVALUATION

The Board sent a copy of the amended evaluation to the applicant on 25 Mar 22 for comment (Exhibit F), 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. In accordance with DoD 7000.14-R, any Reserve member who does not have an eligible beneficiary when becoming eligible to participate in the RCSBP, who later marries or acquires a dependent child, may elect to participate in the RCSBP, if the election is completed within one year of acquiring a spouse or dependent child. The applicant contends he completed and signed DD Form 2656-6, and had it notarized; however, DFAS-CL did not receive the election change certificate within one-year of the date of the applicant’s marriage. Therefore, the Board 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 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-2021-02431 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 16 Jun 21.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, DFAS-CL, dated 18 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 18 Mar 22.
Exhibit E:	Amended Advisory, DFAS-CL, dated 18 Mar 22.
Exhibit F:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 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.