Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-00233
Original file (BC-2004-00233.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00233
            INDEX CODE:137.00

            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him to elect spouse  coverage  under
the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant  was  not  married  when  he  retired.   He  married  in
September 2001.  He requested SBP spouse coverage  in  September  2003
and was informed he could not elect spouse coverage due  to  the  one-
year time limit.  He was not aware of a one-year time limit and  would
be willing to pay back premiums in order  to  provide  his  wife  with
spouse coverage under the SBP.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant  prior  to  enlisting  in  the  Air  Force  Reserves  on
5 October 1979, served honorably in the  Regular  Army  and  the  Army
Reserves.

The applicant on 2 October 1994, prior to his 60th  birthday  declined
SBP coverage.  He was not married at the time and  did  not  have  any
eligible children.  The applicant and D. were married on 25  September
2001.  The applicant failed to submit a valid spouse  election  within
the first year of marriage.

_________________________________________________________________

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.  Although the applicant contends he was not aware  of
the one-year time  limit,  the  Afterburner,  News  For  USAF  Retired
Personnel, 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 C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 26 March 2004, 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.  Applicant’s contentions are duly
noted; however, after thoroughly reviewing the evidence of record,  we
are not persuaded to correct the service member’s record to reflect he
elected spouse coverage.  In this respect, a member who is not married
at the time of retirement and marries later may elect coverage  for  a
newly acquired spouse within one year of the marriage.   We  note  the
applicant married D. in September 2001, and  failed  to  elect  spouse
coverage within the first year of their marriage.  He contends that he
was not aware of the one-year  time  period  required  to  add  spouse
coverage  for  a  newly  acquired  spouse.   However,  we   note   the
Afterburner, News  for  USAF  Retired  Personnel  was  mailed  to  the
applicant at the address he  provided  to  the  finance  center.   The
Afterburner contained information regarding the procedures for  adding
a spouse after retirement.  The applicant has not provided  persuasive
evidence that he did not
receive this information.  The applicant had the opportunity to  elect
coverage for his spouse and  failed  to  do  so.   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-
2004-00233 in Executive Session on 20 July 2004, under the  provisions
of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Joseph A. Roj, Member
                       Mr. Michael J. Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Jan 04, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPTR, dated 23 Mar 04.
      Exhibit D. Letter, SAF/MRBR, dated 26 Mar 04.




                             ROSCOE HINTON, JR.
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-02796

    Original file (BC-2004-02796.doc) Auto-classification: Denied

    The applicant did not add his spouse to his existing child coverage within the first year of their marriage. Furthermore, Item H1 clearly and specifically describes the post-retirement option: servicemembers, who at the time of retirement had no spouse or child, are eligible to elect SPB for these dependents within one year of acquisition. Furthermore, it was nearly five years after he retired that he got married and at the time of his marriage, he had no recollection of the one-year time...

  • AF | BCMR | CY2004 | BC-2004-02286

    Original file (BC-2004-02286.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement, he was not married and elected child only SBP coverage. _________________________________________________________________ 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. ...

  • AF | BCMR | CY2004 | BC-2004-01225

    Original file (BC-2004-01225.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He was not informed that he had to add his present wife to the SBP within one year of marriage. DPPTR’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant’s spouse responds to the advisory opinion and states that they were married in 1998 and made a trip to Keesler AFB to get ID cards, enroll in...

  • AF | BCMR | CY2004 | BC-2004-02681

    Original file (BC-2004-02681.doc) Auto-classification: Denied

    He received a response in September 2003, informing him the request he submitted was not received until after the authorized open enrollment period. A complete copy of the Air Force evaluation is at Exhibit B. After his first marriage ended, he remarried in February 1998; however, his current spouse is not eligible to receive RSFPP because the marriage occurred after the applicant retired.

  • AF | BCMR | CY2004 | BC-2003-03905

    Original file (BC-2003-03905.doc) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: The Retiree Services Branch, AFPC/DPPTR, reviewed this application and recommended denial stating there is no evidence of Air Force error or injustice. The member’s claim that he was not briefed on the one-year time period to add a spouse should he marry after retirement is without merit. DPPTR states that if the Board’s decision is to grant relief, the member’s record should be corrected to show that on...

  • AF | BCMR | CY2004 | BC-2004-00645

    Original file (BC-2004-00645.doc) Auto-classification: Denied

    DPPTR stated that although the member claims he was unaware of the required one-year time limit, issues of The Afterburner, News for Retired Air Force Personnel, were routinely mailed to the applicant’s correspondence address on file at the finance center. Copies of The Afterburner reminded retirees of their SBP options when marrying after retirement. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...

  • AF | BCMR | CY2002 | 0200517

    Original file (0200517.doc) Auto-classification: Denied

    There were no provisions in the law at that time to notify spouses if the servicemember did not elect coverage. There is no evidence that the servicemember elected SBP during any of the authorized open enrollments. Exhibit C. Letter, SAF/MRBR, dated 26 Apr 02.

  • 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 | CY2004 | BC-2004-00339

    Original file (BC-2004-00339.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: Records indicate that, prior to his 1 April 1989 retirement, the applicant (who was married at the time of his election) elected child only coverage based on full, retired pay. It would be inequitable to those members, who chose to elect spouse coverage when eligible and subsequently received reduced retired pay, to provide an additional opportunity for the applicant to change his SBP election. We took...

  • AF | BCMR | CY2004 | BC-2003-04100

    Original file (BC-2003-04100.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: Public Law (PL) 99-145 requires spouses of married servicemembers to concur in writing prior to the servicemember’s retirement, in the SBP election that provides less than full spouse coverage. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states the applicant contends the finance center did not have her husband’s information to process an election. ...