RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01977

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His records be corrected to reflect he elected former spouse 
coverage under the Survivor Benefit Plan (SBP) based on a full 
coverage rather than reduced coverage.

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APPLICANT CONTENDS THAT:

Per their divorce decree, he was to provide the maximum coverage 
for former spouse SBP.  He thought he had to wait for an open 
season to request the change in coverage.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is former service member who retired on 5 Aug 98.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit B.

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AIR FORCE EVALUATION:

DFAS-JFBE/CL recommends denial indicating there is no evidence 
of an error or an injustice.  At the time of his retirement, the 
applicant was married and elected SBP coverage for his spouse 
with a reduced base amount.  The parties divorced on 27 May 08 
and his SBP coverage was changed from spouse to former spouse.  
The laws governing SBP does not allow changing the original base 
amount when changing the beneficiary from spouse to former 
spouse.  If the change in the initial election is changed to 
reflect full coverage, the former spouse coverage will also be 
based on full coverage.  In addition, the premium cost for the 
difference of the reduced and full coverage amount will be 
collected and the applicant’s monthly SBP premiums will 
increase.

A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 28 May 13 for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error or injustice.  
We note, under the laws governing Survivor Benefit Plan members 
are prohibited from increasing the base amount of coverage when 
converting from spouse to former spouse coverage.  Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01977 in Executive Session on 25 Mar 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Jul 12, w/atchs.
	Exhibit B.  Letter, DFAS-JFBE/CL, dated 17 May 13.
	Exhibit C.  Letter, SAF/MRBR, dated 28 May 13.




                                   
                                   Panel Chair