,
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 9 8 - 0 0 3 3 9
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests that he be permitted to change his Survivor
Benefit Plan (SBP) coverage from child only to spouse and child
coverage. Applicant's submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request and
provided an advisory opinion to the Board recommending the
application be denied (Exhibit C).
The advisory opinion was
forwarded to the applicant for review and response (Exhibit D). As
of this date, no response has been received by this office.
After careful considerat2on of applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. The facts and opinions
stated in the advisory opinion appear to be based on the evidence of
record and have not been rebutted by applicant. Absent persuasive
evidence applicant was denied rights to which entitled, appropriate
regulations were not followed, or appropriate standards were not
applied, we find no basis to disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board, Mr. Henry C. Saunders, Ms. Ann L. Heidig, and
Mrs. Barbara A. Westgate, considered this application on 27 October
1 9 9 8 in accordance with the provisions of Air Force Instruction
3 6 - 2 6 0 3 and the governing statute,
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
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DEPARTMENT OF T H E AIR FORCE
H E A D Q U A R T E R S AIR FORCE P E R S O N N E L C E N T E R
R A N D O L P H AIR FORCE B A S E T E X A S
MEMORANDUM FOR AFBCMR
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 that would permit
him to change his Survivor Benefit Plan (SBP) coverage from child only to spouse and child.
Basis for Request: The member claims he is not being allowed to provide SBP
coverage for his wife and son because of an error in his marital status at retirement.
Backnround:
a. 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. If a
member fails to make an election before then, he may not provide SBP coverage for that
person or another person of that category unless Congress authorizes an open enrollment
period.
b. Children acquired after retirement automatically become eligible beneficiaries when
added to an existing election for child coverage. The member must notify the Defense
Finance and Accounting Service - Cleveland Center (DFAS-CL) and furnish documentation
necessary to update the record. If the youngest child at the time of retirement remains eligible,
adding a child acquired after retirement does not effect the SBP monthly cost.
c. Systems incompatibilities resulted in Air Force retirees’ records being universally
coded by DFAS-CL to reflect a member who declined coverage “excluded” an eligible spouse
beneficiary, regardless of the retiree’s actual marital status at retirement. This systems
problem has been reported to DFAS officials, but a solution has not been determined.
Facts: The applicant an-ivorced
21 Jun 87 and he elected child only SBP
coverage, maximum annuity, prior to his 1 Oct 87 retirement. They remarried on 25 Mar 88,
existing child coverage before the
but the applicant failed to request his wif
s born on 27 Dec 89; although the
first anniversary of the marriage. His son
member did not notify DFAS-CL and furni
n, the younger child became an
eligible beneficiary on the date of birth at no increased cost.
Discussion:
a. We have informed the applicant to submit a copy o
DFAS-CL to properly update his record.
irth certificate to
b. The erroneous marital status code on the applicant‘s record, in this case, is
irrelevant. He was eligible to add his spouse, acquired after retirement, to his child only
coverage but failed to do so within the one-year time limit. He offers no explanation why he
waited over nine years to inquire about coverage for his new spouse, or why he failed to elect
coverage for her during the SBP open enrollment period authorized by Public Law (PL) 101-
189 (1 Apr 92 through 31 Mar 93). During the open enrollment period, members were advised
by direct mail of SBP rules and eligibility requirements. The information was mailed to the
member‘s correspondence address maintained by the finance center and contained points of
contact for members to use to gain additional guidance. There is no record that he returned
an election form. SBP is similar to commercial life insurance in that an individual must elect to
participate and pay the associated premiums in order to provide coverage. It would be
inequitable to those members who chose to participate when eligible and subsequently
received reduced retired pay, to provide an additional opportunity for this member to change
his SBP election.
Recommendation: There is no evidence of error or injustice,in this case and we
recommend the request be denied. 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 SBP coverage based on full retired pay. Approval should be contingent upon
recoupment of all applicable premiums the member would have paid had he made the election
at that time.
Directorate of Pers Program Management
f the Department of the Air Force relating to corrected to show that on 1 May 1992, he elected, , to add spouse coverage to his child coverage under h_l)r-n-..L DONNA PITTENGER Chief Examiner Air Force Board for Correction of Military Records '8. Basis for Request: The applicant claims his open enrollment application fell through the cracks during the transition of retired pay from- Background: A member, who is unmarried at retirement, may elect coverage for a newly acquired spouse;...
'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...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member‘s death. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend that the...
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...
*e- Background: A spouse’s eligibility as an SBP beneficiary terminates upon divorce. If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Neither party remarried, SBP premiums continue to be deducted from the member‘s retired pay, and the former spouse is reflected as the eligible spouse beneficiary.
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