RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02805
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show that he elected Survivor Benefit
Plan (SBP) coverage for his wife.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He submitted all pertinent records and paperwork in June 2005,
one month after he married, but the SBP coverage has still not
been established.
In support of his appeal, the applicant provides a personal
statement, and copies of his letter to the Defense Finance and
Accounting Service (DFAS) dated 6 March 2008; his DD Form 214, Certificate of Release or Discharge from Active Duty; Certificate
of Marriage; and the DFAS response to the applicants
congressional inquiry.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letters prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states the applicant was
divorced and declined SBP coverage prior to his 1 December 2000
retirement. He and his current spouse married on 28 May 2005.
The applicant provided a copy of his 6 March 2008 letter to DFAS
in which he claims he had requested SBP coverage be established
for his wife by the middle of June 2005. However, DFAS records
contain no evidence he submitted a valid request to elect SBP
coverage for his wife within the first year of marriage. On
27 February 2008, DFAS responded to the applicants congressional
inquiry that he could not elect SBP coverage unless another open
enrollment was authorized.
DPSIAR indicates the applicants intentions to provide SBP
coverage for his wife are clear and apparently sincere; however,
specific and timely action is required to elect SBP coverage
following post-retirement changes in marital status. The Afterburner, News for USAF Retired Personnel, was regularly
published after the applicants retirement and before and after
his marriage, which contained reminders for members concerning
required actions to provide SBP coverage following changes in
marital and family status. These editions were mailed to the
same address where the applicant continues to reside. It is each
members responsibility to ensure required actions are taken to
provide family members those military benefits and privileges
which is afforded to them. It would be inappropriate to provide
the applicant an additional opportunity to provide SBP coverage,
an opportunity not afforded to other retirees similarly situated.
There is no evidence of an Air Force error or injustice in this
case.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
As he has stated in his previous correspondence, all paperwork
was sent as of June 2005. He and his wife had their mothers sign
the paperwork and sent it out on, or about, the first week of
June 2005. It is important for his wife to receive this money
when he passes away as she is now on disability.
The applicants complete rebuttal is at Exhibit D.
_________________________________________________________________
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. After reviewing
the evidence of record, we are not persuaded that the applicant
has been the victim of an error or injustice. Based on the
evidence of record, the applicant declined SBP coverage prior to
his 1 December 2000 retirement. We note the applicant contends
he requested SBP coverage for his spouse in June 2005 after he
married; however, he has not provided sufficient evidence to
support his claim. Therefore, in the absence of evidence to the
contrary, 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. Accordingly, 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 AFBCMR Docket
Number BC-2010-02805 in Executive Session on 19 April 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-02805:
Exhibit A. DD Form 149, dated 29 Jul 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 21 Sep 10.
Exhibit C. Letter, SAF/MRBR, dated 5 Nov 10.
Exhibit D. Letter, Applicant, dated 12 Nov 10.
Panel Chair
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