RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01292
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 28 October 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he added his wife to his child only
Survivor Benefit Plan (SBP) coverage within the first year following
their marriage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes that because of the erroneous information he was given
about having to wait a minimum of one year for enrolling his second
wife, he ended up not getting SBP before applying for a divorce from
her. Therefore, he believes he should have SBP coverage for his
present spouse, being effective 7 March 2006.
In support of the appeal, applicant submits a personal statement, a
letter to DFAS-CL, copy of a letter to SAF/MRBR, copy of a letter to
his senator, and a copy of the BCMR Action Notice.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
After his first wife died in May, 1983, he retired from the Air Force
on 1 August 1988. He enrolled his youngest son since he had no living
spouse. He remarried on 29 March 1997. He called the Defense Finance
and Accounting Service-Cleveland Center (DFAS-CL) to find out about
adding his wife to the SBP and was informed that he would have to wait
a minimum of one year before he could apply. He waited until late
1999 or early 2000 to reapply. He was then informed that he was not
eligible unless he paid a penalty. He divorced his second wife in
February 2002. He remarried on 7 March 2005, and applied for SBP.
When he didn’t hear anything by February 2006, he called DFAS-CL and
was informed that he would have to use the SBP Open Season Enrollment.
The Defense Enrollment Eligibility Reporting System (DEERS) records
reflect he divorced his second wife on 19 November 2001, and he
married his present wife on 7 March 2005.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. He had two opportunities (within the
first year of his marriage and during the 99-00 open enrollment
authorized by public Law (PL) 105-261), to elect SBP coverage on the
second wife’s behalf, but he failed to take the action required. If
he elects SBP coverage on his present wife’s behalf during the open
enrollment authorized by PL 108-375, by 30 September 2006, the monthly
cost would be approximately $366. If DFAS receives a valid election
before 31 July 2006, the buy-in penalty would be approximately
$43,600.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
28 July 2006 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
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 this application in
Executive Session on 5 October 2006, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRT, dated 14 Jul 06.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 06.
MICHAEL K. GALLOGLY
Panel Chair
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