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AF | BCMR | CY2010 | BC-2010-00425
Original file (BC-2010-00425.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00425 

INDEX CODE: 137.04 

 XXXXXXXXXXXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be corrected to show that he elected spouse coverage 
for his wife under the Survivor Benefit Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When he retired from the Air Force, he was not married and was 
never informed that he had only a 12-month window to apply for 
SBP coverage. 

 

In support of his appeal, the applicant provides copies of his 
marriage certificate, his spouse’s Identification (ID) Card, and 
a letter to the Defense Finance and Accounting Service (DFAS). 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the Military Personnel Data System, the applicant 
served in the Regular Air Force with a Pay Date of 8 September 
1973. He was promoted to the grade of lieutenant colonel (O-5) 
effective and with a date of rank of 5 December 1992. The 
applicant was honorably released from active duty effective 
31 December 2000 and retired on 1 January 2001. 

 

The remaining relevant facts are contained in the letter prepared 
by the Air Force office of primary responsibility (OPR) at 
Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states the applicant was 
not married and declined SBP coverage prior to his 1 January 2001 
retirement. He married his wife on 7 July 2007, but failed to 
submit a valid election within the first year of marriage. On 


16 November 2009, DFAS received a letter from the applicant 
requesting “to have his retirement benefit adjusted to include 
his wife.” DFAS did not honor his request since it was unclear 
and it was not within the first year of his marriage. 

 

DPSIAR indicates the applicant’s claim he was never informed that 
he only had 12 months to apply for SBP coverage is without merit. 
A copy of the SBP Report on Individual Personnel (RIP) located in 
his records show he signed the certification sheet on 7 December 
2000, indicating he was properly briefed on the options and 
effects of the Plan. Furthermore, the Afterburner, News for USAF 
Retired Personnel, routinely contains articles to advise retirees 
of their SBP options when marrying after retirement. Had he 
submitted an election within the first year of marriage, monthly 
premiums would have been approximately $265 and SBP costs of 
about $5,035 would have been deducted from his pay to date. 
Since he failed to submit a valid election within the first year 
of marriage, coverage for his wife can only be provided if 
Congress authorized another open enrollment. It is DPSIAR’s 
opinion that providing this applicant an additional opportunity 
to elect SBP coverage would be inequitable to other retirees in 
similar situations and is not justified by the facts. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He would like to make it clear that he is not trying to place 
fault with anyone or any organization for his situation. He 
remembered having a retirement briefing many years ago and an 
extensive checklist was involved. He thinks it is unreasonable 
to expect anyone to remember seven or eight years after the fact 
the specifics of having to enroll one’s spouse in SBP within the 
first year of marriage. As critical as this requirement is, he 
would have expected the subject to be mentioned during his wife’s 
out-processing for her ID card. He feels very disappointed that 
his wife and he are excluded from this benefit. He is willing to 
pay the sum necessary to bring the fund to a current level so the 
government does not incur any additional expense. He thinks his 
21 years of faithful service to our country warrants a second 
chance. 

 

The applicant’s complete rebuttal is at Exhibit E. 

 

_________________________________________________________________ 

 

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 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. 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 AFBCMR Docket 
Number BC-2010-00425 in Executive Session on 15 September 2010, 
under the provisions of AFI 36-2603: 

 

 XXXXXXXXXXXXXXXXXX, Panel Chair 

 XXXXXXXXXXXXXXXXXX, Member 

 XXXXXXXXXXXXXXXXXX, Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-00425: 

 

Exhibit A. DD Form 149, dated 20 Jan 10, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSIAR, dated 26 Feb 10. 

Exhibit D. Letter, SAF/MRBR, dated 12 Mar 10. 

Exhibit E. Letter, Applicant, dated 29 Mar 10. 

 

 

 

 

 XXXXXXXXXXXXXXXXXX 

 Panel Chair 

 

 



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