RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03375
INDEX CODE:137.00
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected by showing his date of marriage as 15 April
2000, thereby allowing him to add his spouse to his child only
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not know the military had to be notified of his marriage for
SBP.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married to C. on 10 February 1974. He and C. were
divorced on 10 October 1977. Prior to his 1 December 1979 retirement,
the applicant elected child only SBP coverage based on full retired
pay. The youngest child lost eligibility for SBP in January 1999 and
the monthly coverage cost ceased. The applicant and C. were remarried
on 15 April 2000. There is no indication that the applicant notified
the Defense Finance and Accounting Service (DFAS) before the first
anniversary of his marriage of the change in his marital status.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states there is no evidence the applicant submitted a valid
election to add his spouse to his existing child only coverage. The
applicant claims he was not aware that he needed to notify the finance
center of his change in marital status; however, the Afterburner, News
For USAF Retired Personnel, published in January and May 2000,
informed retired servicemembers of the requirement to elect coverage
within the first year of marriage for a newly acquired spouse.
Furthermore, SBP is similar to commercial life insurance in that
individuals 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 19 December 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 timely filed.
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
servicemember failed to notify the Finance Center of the change in his
marital status, and did not submit a valid election to add spouse
coverage to his existing child only coverage. The January and May
2000 issues of the Afterburner, News For USAF Retired Personnel,
informed retired servicemembers of the requirement to elect coverage
within the first year of marriage for a new spouse. Furthermore, SBP
is similar to commercial life insurance in that you must elect to
participate and pay the associated premiums in order to be covered by
the insurance. 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-
2003-03375 in Executive Session on 13 January 2004, under the
provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Leslie E. Abbott, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 03, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 3 Dec 03.
Exhibit C. Letter, SAF/MRBR, dated 19 Dec 03.
JOSEPH A. ROJ
Panel Chair
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