RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-
00743
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 SEPTEMBER 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken that would allow him to provide Survivor
Benefit Plan (SBP) coverage for his wife.
___________________________________________________________________
APPLICANT CONTENDS THAT:
When he remarried and got his wife an identification card, he does
not recall any information on SBP requirements.
___________________________________________________________________
STATEMENT OF FACTS:
The Air Force states the member was unmarried, but had eligible
children, and elected child only SBP coverage based on full retired
pay prior to his 1 Nov 79 retirement. The youngest child lost
eligibility Jun 86 due to age. The member and his current wife
married on 19 Jun 03, but there is no evidence he submitted a valid
spouse SBP election within the first year of their marriage to the
Defense Finance and Accounting Service – Cleveland Center (DFAS-
CL).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends denial. A member, who is unmarried at
retirement, may elect coverage for the first spouse acquired after
retiring. 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 for that person or another person of that
category may only be elected if Congress authorizes an open
enrollment period.
Although the member claims that he did not recall receiving any
information about SBP options, issues of the Afterburner, News for
USAF Retired Personnel, were mailed to the applicant’s
correspondence address he provided to the finance center. Articles
reminding retirees of their options when marrying after retirement
are routinely published in the Afterburner. The Jan 04 issue of
the Afterburner, published within the member’s one-year opportunity
to elect SBP coverage for his wife, provided guidance and the
importance of contacting DFAS upon any change in martial status.
Had the applicant submitted a valid election within the time
prescribed for making an SBP election after retirement, monthly
premiums would be approximately $81.
Public Law (PL) 108-375, 28 Oct 04, authorized an SBP open
enrollment (1 Oct 05 – 30 Sep 06), during which retirees may elect
spouse coverage. Coverage under PL 108-375 requires a “buy-in”
amount, in addition to monthly premium payment. In this case, the
member’s lump-sum buy-in would be approximately $4,620. SBP is
similar to commercial life insurance in that an individual must
elect to participate and pay the associated premiums in order to
have coverage. 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.
There is no evidence of error or injustice in this case. However,
if the Board’s decision is to grant relief, the member’s record
should be corrected to show that on 18 Jun 04 he elected to add his
wife to his suspended child only SBP coverage based on full retired
pay. Approval should be contingent upon the recoupment of all
applicable premiums he would have paid had he made the election at
that time.
The complete Air Force evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Apr 06, a copy of the Air Force evaluation was forwarded to
the applicant 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; however, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Futhermore, we note that Public
Law 108-375, 28 Oct 04, authorized an SBP open enrollment (1 Oct 05
– 30 Sep 06); the applicant can elect coverage for his spouse under
this law. 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-2006-
00743 in Executive Session on 15 June 2006, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Renee M. Collier, Member
Ms. Marcia Jane Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 06, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 13 Apr 06.
Exhibit C. Letter, SAF/MRBR, dated 21 Apr 06.
MICHAEL K. GALLOGLY
Panel Chair
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