RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00680
INDEX CODE: 137
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS:
Corrective action that would allow him to establish Survivor Benefit
Plan (SBP) coverage for his wife and child.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unaware of the time limits for adding a spouse and child as SBP
beneficiaries and was not told when he retired on 1 Aug 84.
In support of his request, applicant submits a prior SBP election, a
marriage certificate, a divorce decree, and a copy of his son’s birth
certificate.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was married but elected child only SBP coverage based on
full retired pay prior to his 1 Aug 84 retirement. He divorced on
13 May 86 and remarried on 29 Jul 89.
The applicant was eligible to add his spouse to his child only
coverage during an SBP open enrollment period authorized by Public Law
(PL) 101-189 (1 Apr 92 through 31 Mar 93). The enrollment packet,
published in the Feb 92 issue of Afterburner, USAF News for Retired
Personnel, contained points of contact for members to use to gain
additional information as well as detailed information about the SBP,
cost estimates, the form, and enrollment instructions. The enrollment
packet was mailed to the applicant’s correspondence address maintained
by the finance center, the same address where he continues to reside.
The finance center is now aware of his additional child and has
included the younger son as an eligible beneficiary for the SBP.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this
application and states that a member who is married at retirement and
fails to provide coverage for an eligible spouse may not provide
coverage in the future, unless Congress authorizes an open enrollment
period. SBP provides immediate coverage for any child acquired after
retirement when the retiree establishes child coverage at retirement.
The one-year enrollment period to add family members acquired after
retirement is applicable only when no previous category of the same
beneficiary existed at the time of retirement. The applicant offers
no explanation why he waited 12 years to resolve this issue. He had
ample time to add his wife to his child only coverage but failed to do
so. DPPTR further states that SBP is similar to commercial life
insurance in that an individual must elect to participate and pay the
associated premiums in order to have 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 the applicant to change his SBP election.
There is no evidence of Air Force error; therefore, they recommend
denial of the applicant’s request.
A complete copy of the Air Force evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to applicant
on 21 Sep 98 for review and response within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable 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
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 May 1999, under the provisions of AFR 31-3:
Mrs. Barbara A. Westgate, Panel Chair
Ms. Ann L. Heidig, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Mar 98, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 9 Sep 98.
Exhibit C. Letter, AFBCMR, dated 21 Sep 98.
BARBARA A. WESTGATE
Panel Chair
AF | BCMR | CY1999 | BC-1998-00680
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