RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00534

XXXXXXXXXX	COUNSEL: NONE
	
(AKA) XXXXXXXXX	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her record be changed to show she made a timely election for spouse coverage under the Survivor Benefit Plan (SBP).

APPLICANT’S CONTENTIONS

She did not know she needed to list her husband as her SBP beneficiary within one year of marriage.  She recently learned about the required one-year timeframe when she spoke with a Defense Finance and Accounting Service (DFAS) representative about her change of residency.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 7 November 2006, according to DD Form 2656, Data for Payment of Retired Personnel, dated 7 November 2006, the applicant elected Option C, Coverage for Child[ren] Only.

On 1 December 2006, according to Special Order XX-XXXXXX, dated 12 October 2006, the applicant retired from the Regular Air Force.  

On 19 September 2019, according to a Certificate of Marriage, provided by the applicant, she married her current spouse.

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 indicating there is no evidence of an Air Force error or injustice in this case nor any basis in the law to grant the request.  A member who is unmarried at retirement may elect coverage for the first spouse acquired after retirement; however, the election must be made before the first anniversary of the marriage.  If a member fails to make an election before then, they may not provide SBP coverage for that spouse or any future spouses unless Congress authorized an open enrollment period.  At retirement members are briefed on the options, effects, and provisions of the SBP which is written in detail on the SBP Record of Individual Person (RIP).  After the SBP briefing is complete the member is given a copy of the SBP RIP for their personal record and as a reference guide.

Defense Enrollment Eligibility Reporting System (DEERS) reflects the member was unmarried at time of her 1 December 2006 retirement date.  However, she had an eligible dependent child and elected child only SBP coverage based on full retired pay.  The child lost eligibility due to age and SBP premiums ceased effective 1 July 2017.  The applicant married her spouse on 19 September 2019.  She then had one year to elect spouse SBP coverage on his behalf, which she failed to do.  Additionally, at her SBP briefing she made her child only election and signed the SBP RIP on 7 November 2006, certifying that she was briefed and understood all the provisions of the SBP outlined in items A through R of the SBP RIP.  The SBP RIP outlined the requirement to elect spousal coverage for a spouse acquired after retirement must be made before the first anniversary of that marriage.  A copy was provided to the applicant and sent to the Automated Records Management System.  

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 September 2022, 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.  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.  Therefore, 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-2022-00534 in Executive Session on 18 November 2022:

, 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 5 February 2022.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DPFFF, dated 15 September 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 16 September 2022.

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.