DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-00149
NOV 0 4 1%.
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1 5 5 2 , Title 10, United
States Code, Air Force Instruction 3 6 - 2 6 0 3 , and having assured
compliance with the provisions of the above regulation, the
decision of the Air Force Board for Correction of Military
Records is announced, and it is directed that:
rtment of the Air
The pertinen
, be corrected to
Force relating to
show that on 4 O c
ange his Survivor
Benefit Plan election from “child coverage” to “spouse and child
coverage”
based on his full retired pay.
H. W ~ L E R
WOND
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-00149
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT:
S S A N :
Having carefully reviewed this application, we agree with
the recommendation of the Air Force and adopt the rationale
expressed as the basis for our decision that the applicant has
been the victim of either an error or an injustice.
under the authority delegated in AFI 3 6 - 2 6 0 3 , the applicant's
records will be corrected as set forth in the accompanying
Memorandum for the Chief of Staff signed by the Executive
Director of the Board or his designee.
Therefore,
Attachment:
Ltr, HQ AFPC/DPPTR, dtd 2 Oct 97
I
c
.
,
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
-
MEMORANDUM FOR AFBCMR
r
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 781 50-471 3
SUBJECT: Application for Correction of Military Records
Reference:
Requested Correction: The applicant is requesting corrective action to show that he
filed a timely election to add his wife (acquired after retirement) to his existing child only
Survivor Benefit Plan (SBP) coverage.
Basis for Request: The applicant claims he attempted to have SBP coverage for his
wife established following his marriage, but was told by the Defense Finance and Accounting
Service - Cleveland Center (DFAS-CL) that he had excluded a spouse at retirement and was
therefore ineligible to provide coverage for a future wife.
Backaround:
a. A member, who is unmarried at retirement, may elect coverage for a spouse
acquired after retirement; however, the election must be made before the first anniversary of
the marriage.
b. Systems incompatibilities resulted in Air Force retirees’ records being universally
coded by DFAS-CL to reflect every SBP declination to have been made as if the member were
married, regardless of the retiree’s actual marital status.
Facts:
a. The applicant was unmarried and elected child only SBP coverage based on full
retired pay prior to his 1 Nov 87 retirement. DFAS-CL records were erroneously coded to
indicate he was married, but did not elect coverage for a spouse. He married Susan on
5 Oct 95 and DFAS-CL informed him he could not add her to his child coverage because of
the exclusion code on file. The applicant submitted a letter dated 8 Oct 96 (copy enclosed) to
add his wife, however, his request was four days after the time allotted for making a valid
election change. Absent a valid request submitted before the first anniversary, DFAS-CL could
not honor his request and child only coverage remains in effect.
b. Codes used to represent retiree’s SBP elections used by DFAS-CL reflect the
member “excluded” an eligible spouse or children as beneficiaries; although, in many cases,
the member had neither for whom to elect SBP coverage. Therefore, the applicant’s SBP
record erroneously reflects he had an eligible spouse when he elected child only coverage
1
. .
prior to retiring. This systems problem has been reported to DFAS officials, but a solution has
not been determined.
Discussion: The member has provided documentation of his marital status at
retirement. While it is true the applicant failed to submit a written request to add his wife to
existing child coverage before the first anniversary of their marriage, his delay was, in part, due
to his search for his copy of the original election which he felt would prove to DFAS-CL he was
unmarried when he retired. It is reasonable to conclude that had DFAS-CL not erroneously
advised the member he was ineligible to elect coverage for his wife, he would have complied
with the one-year time limit for submitting his election.
Recommendation: To preclude a possible injustice, we recommend the member's
record be corrected to show on 4 Oct 96 he elected to add his wife to his existing child only
SBP coverage based on full retired pay. Approval should be contingent upon the recovery of
applicable retroactive costs.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate Pers Prog Management
ADDENDUM TO
RECORD O F PROCEEDINGS
The following members of the Air Force Board for Correction of
Military Records considered this case in Executive Session on
28 October 1997, in accordance with AFI 36-2603 and 10 USC 1552.
Mr. Vaughn E. Schlunz, Panel Chairman
Mr. Joseph G. Diamond, Member
Mr. Patrick R. Wheeler, Member
STATEMENT OF FACTS: The Air Force indicated the applicant elected reduced spouse and child coverage The SBP counselor at d o ; F B , Nevada, provided verification that the applicant‘s wife did not attend the 4 Sep 96 SBP pre-retirement briefing. There is no evidence of error or injustice in this case and DPPTR recommends the requested relief be denied. The following members of the Board considered this application in Executive Session on 21 May 98, under the provisions of Air...
AF | BCMR | CY2006 | BC-2006-00743
Had the applicant submitted a valid election within the time prescribed for making an SBP election after retirement, monthly premiums would be approximately $81. Approval of this request would provide the applicant an additional opportunity to elect SBP coverage not afforded other retirees similarly situated and is not justified. 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...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
AF | BCMR | CY2003 | BC-2002-02546
________________________________________________________________ APPLICANT CONTENDS THAT: He was unaware of the time constraint of one year from the date of his marriage to select an SBP for his wife. The applicant and his spouse married on 31 May 1997; however, he failed to request SBP coverage for her within the first year of their marriage. 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...
AF | BCMR | CY2003 | BC-2003-01220
The applicant married on 1 September 2000, but he did not elect SBP coverage for his spouse within the first year following his marriage. There is no record that he submitted a request within the first year of marriage. If the Board’s decision is to grant relief, the applicant’s record should be corrected to show that on 31 August 2001 he elected to add his spouse to his child only coverage based on full-retired pay.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However, Public Law (PL) 105-85 (effective 17 May 1998) provides an opportunity for retirees to terminate participation in the SBP beginning on the second anniversary of their receipt of retired Pay - For further information, applicant should contact the Retiree Services Branch (AFPC/DPPTR) at 1-800-531-7502. Backaround: When the...
AF | BCMR | CY2004 | BC-2003-03905
________________________________________________________________ AIR FORCE EVALUATION: The Retiree Services Branch, AFPC/DPPTR, reviewed this application and recommended denial stating there is no evidence of Air Force error or injustice. The member’s claim that he was not briefed on the one-year time period to add a spouse should he marry after retirement is without merit. DPPTR states that if the Board’s decision is to grant relief, the member’s record should be corrected to show that on...
AF | BCMR | CY2004 | BC-2003-02894
The laws controlling the SBP do not permit the applicant to provide coverage for his second wife now, or at any other time, unless Congress mandates an open enrollment period. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: He argues that he was not briefed on the policy concerning election of SBP spousal coverage and the suspension of that portion of the coverage after...
'Panel Chairman / Attachment: Ltr, AFPCDPPTR, dtd 3 Oct 97 DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL C E N T E R R A N D O L P H AIR FORCE BASE T E X A S - MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 1 I Randolph AFB TX 781 50-471 3 SUBJECT: Application for Correction of Military Records Ref ere nce : Requested Correction: The applicant is requesting corrective action to show he filed a timely election for former spouse and child coverage under the...
AF | BCMR | CY2004 | BC-2003-02699
DPPTR states that a member, who is unmarried at retirement, may elect coverage for a spouse acquired after retiring; however, the election must be made before the first anniversary of the marriage. On 15 October 2000, the applicant requested to provide SBP coverage for his spouse after he married; however, his request was not made before the required one-year anniversary date of that marriage. Exhibit B.