RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01773
INDEX CODE:137.00
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow him to elect Survivor Benefit Plan
(SBP) coverage for his wife.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His retiree account statement did not show an election for SBP.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 August 1993, the applicant declined SBP coverage. He was not
married at the time. He retired on 1 October 1993.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states a servicemember, who is unmarried at retirement and
later marries may elect coverage for a newly acquired spouse, as long
as the election is made before the first anniversary of the marriage.
The Defense Enrollment Eligibility Reporting System (DEERS) reflects
the applicant and S. were married on 26 May 2001; however, he failed
to submit a valid spouse election within the first year of their
marriage. The applicant submitted a request dated 1 January 2003, to
the Defense Finance and Accounting Service - Cleveland (DFAS-CL),
designating S. as the beneficiary to his unpaid retired pay in the
event of his death.
Although the member contends he submitted a request to change his
beneficiary, the request was submitted after the one-year period
provided by law. If the applicant had submitted a valid election, his
monthly premiums would be $72 and costs of about $860 would have been
deducted from his pay to date. Furthermore, SBP is similar to
commercial life insurance in that individual must elect to participate
and pay the required premiums in order to be covered. DPPTR further
states to approve this request would provide the applicant an
additional opportunity to elect SBP coverage not afforded to other
retired servicemembers similarly situated.
AFPC/DPPTR finds no evidence of error or injustice and therefore,
recommends the requested relief be denied.
A complete copy of the Air Force evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 27 June 2003, for review and response. 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 the 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. The
applicant contends that he submitted a request to change his
beneficiary; he did not submit the request until after the one-year
period required by law. 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-
2003-01773 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 19 May 03, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 20 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 03.
DAVID C. VAN GASBECK
Panel Chair
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