Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-01773
Original file (BC-2003-01773.doc) Auto-classification: Denied

                            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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01398

    Original file (BC-2003-01398.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR indicates that the Survivor Benefit Plan (SBP) was established by Public Law (PL) 92-425 on 21 September 1972, authorizing a one-year open enrollment period for servicemembers to elect coverage. However, if the Board recommends granting the request, the servicemember’s record should be corrected to show the servicemember elected SBP spouse only coverage based on full retired pay effective 21...

  • AF | BCMR | CY2003 | BC-2002-01999

    Original file (BC-2002-01999.doc) Auto-classification: Denied

    The member could have elected former spouse SBP coverage on the applicant’s behalf when he applied for commencement of his retired pay, but failed to do so. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to applicant on 9 August 2002 for review and response within 30 days. After a thorough review of the evidence of...

  • AF | BCMR | CY2003 | BC-2003-02187

    Original file (BC-2003-02187.doc) Auto-classification: Denied

    AFPC/DPPTR also states that there is no evidence in the servicemember’s records to indicate that he elected to participate in the RSFPP or SBP during any of the authorized enrollment periods. A complete copy of the Air Force 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 the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant...

  • AF | BCMR | CY2003 | BC-2003-02384

    Original file (BC-2003-02384.doc) Auto-classification: Denied

    AFPC/DPPTR also states that there is no evidence in the servicemember’s records to indicate that he elected to participate in the RSFPP or SBP during any of the authorized enrollment periods. A complete copy of the Air Force 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 the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant...

  • AF | BCMR | CY2003 | BC-2002-01833

    Original file (BC-2002-01833.doc) Auto-classification: Denied

    On 7 Jun 02, it was requested that the member provide a completed DD Form 2656-1, SBP Election Statement for Former Spouse Coverage. A complete copy of the evaluation is at Exhibit B. ___________________________________________________________________ THE BOARD RECOMMENDS 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...

  • AF | BCMR | CY2003 | 0203122

    Original file (0203122.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant was married and elected child only SBP coverage based on full retired pay prior to his 12 May 83 disability retirement. If a member withdraws under this provision, there is no immediate refund of premiums; however, applicable spouse premiums paid by the member can be refunded to the spouse following the member’s death. ...

  • AF | BCMR | CY2003 | BC-2003-02194

    Original file (BC-2003-02194.doc) Auto-classification: Denied

    On 2 June 2003, the applicant requested that the finance center stop the SBP. Furthermore, the applicant failed to respond to their 7 July 2003 letter requesting he obtain a notarized statement completed by his wife in which she acknowledges retired pay ceases when the applicant dies, that she is currently eligible to receive an annuity valued at approximately $774 per month (after the age of 62, no less than $492), and approval of this request would result in her receiving no...

  • AF | BCMR | CY2003 | BC-2002-03271

    Original file (BC-2002-03271.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03271 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husband's records be corrected to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) and any SBP premium payments due be waived. ...

  • AF | BCMR | CY2003 | BC-2003-01220

    Original file (BC-2003-01220.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY2003 | BC-2003-01282

    Original file (BC-2003-01282.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant was unmarried and elected child only SBP coverage based on full retired pay prior to his 1 October 1992 retirement date. Records reflect the applicant and N--- married on 13 April 1993, but he failed to elect SBP coverage for her within the first year following their marriage. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the...