RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00998
INDEX NUMBER: 137.01
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken that would allow him to elect spouse
coverage under the Survivor Benefit Plan (SBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He submitted documentation and a request to DFAS within one year
after marriage, but no action was taken by DFAS at that time or
after subsequent requests.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The member was married at the time of his retirement on 1 Jul 71.
The parties divorced on 12 Jul 73. At the time of the Plan’s
initial open enrollment period (21 Sep 72 – 20 Sep 73), the member
was not married and had no eligible spouse beneficiary. The member
married his current wife on 15 Feb 01; however, there is no record
he submitted a request to establish SBP coverage on her behalf
within the first year of their marriage.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends denial and states, in part, the member
provided no evidence a valid request to establish coverage for his
wife was submitted to DFAS. A member, who is unmarried at
retirement, may elect coverage for a newly acquired spouse; however
the election must be made before the first anniversary of the
marriage. If a member fails to make an election before then, SBP
coverage may only be elected if Congress authorized an open
enrollment period. Additionally, the SBP remarriage election
certificate he provided was completed after the first anniversary
of his marriage, making it unacceptable to use as a valid request.
Approval of this request would provide the applicant an additional
opportunity to elect SBP coverage not afforded other retirees
similarly situated and is not justified.
A complete copy of the Air Force evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 30 Apr 04 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
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. Other than his own assertions, we find no evidence has been
presented to show the applicant submitted a valid request to the
Defense Finance and Accounting Service-Denver Center to establish
survivor coverage for his spouse within the first year of their
marriage. Therefore, 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. Based on the
foregoing and 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 Docket Number BC-2004-
00998 in Executive Session on 20 July 2004, under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Michael J. Novel, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Mar 04, w/atchs
Exhibit B. Letter, AFPC/DPPTR, dated 27 Apr 04
Exhibit C. Letter, SAF/MRBR, dated 30 Apr 04
ROSCOE HINTON JR.
Panel Chair
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