RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01370
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected coverage under the
Survivor Benefit Plan (SBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
When he retired from the Air Force, his former spouse had already
abandoned the household. He was able to contact her to sign the
paperwork declining SBP coverage, since they would not be getting
back together. Due to regulations, he was not able to change his
marital status, since his divorce was not finalized until Dec 97.
At the time he and his former spouse signed the form he was not
advised of the consequences declining the SBP would have if he
decided to remarry.
He has since remarried and would like his current spouse to be
entitled to benefits under the plan.
In support of his appeal, applicant provided a copy of his marriage
license, issued 8 Jul 02; a copy of his divorce decree; a copy of a
letter from DFAS, dated 8 Mar 03; a copy of DD Form 2656, Data for
Payment of Retired Personnel, and a copy of his SBP Briefing
Certification, signed 4 Mar 97.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was married and declined SBP coverage, with his spouse’s
consent, prior to his 1 Jul 97 retirement. They divorced in Dec
97. Defense Enrollment Eligibility Reporting System (DEERS)
records reflect the applicant remarried on 20 Sep 02.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR reviewed this application and recommended denial. A
member, who has an eligible beneficiary, but fails to elect
coverage for that person, may not later provide coverage for that
person, or another person of the same category except during a
congressionally mandated open enrollment period.
Although applicant claims he was unaware of the consequences of
declining the SBP, records reflect he signed the certification
sheet on 4 Mar 97, indicating he was properly briefed on the
options and effects of the Plan. Had the applicant elected spouse
only coverage at the time of his retirement, coverage and costs
would have been suspended upon the divorce. Coverage would have
then been reinstated on the first anniversary of his second
marriage.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 10 Jun 03 for review and comment 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 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 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 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 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 AFBCMR Docket Number
BC-2003-01370 in Executive Session on 30 September 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton Jr., Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Apr 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 9 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 03.
DAVID C. VAN GASBECK
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed the application and states the law in effect at the time the service member divorced the applicant did not have a provision to elect SBP coverage for a former spouse even if the divorce decree made a reference to the SBP. The service member did not elect coverage for his minor children at the time of his retirement. Exhibit C. Letter, SAF/MIBR,...
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They stated the laws controlling the SBP preclude a married member, who declined spouse coverage at the time of retirement, from providing SBP former spouse coverage following divorce unless Congress authorizes an open enrollment. A complete copy of the evaluation is at Exhibit B. 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 and adopt...
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___________________________________________________________________ APPLICANT CONTENDS THAT: He incorrectly completed the DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and should have completed it to reflect former spouse coverage. On 1 Aug 02, they requested that the applicant provide a completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and his former spouse’s marriage certificate. The complete...
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___________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant elected child only SBP coverage based on full retired pay prior to his 1 Mar 73 retirement. They stated that a member who fails to provide SBP coverage for an eligible spouse at the time of retirement may not later elect coverage for that person, or another person of the same category, unless Congress authorizes an open enrollment. ...
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