RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01895
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect that he selected Survivor
Benefit Plan for his spouse within a year of their marriage.
________________________________________________________________
APPLICANT CONTENDS THAT:
He sent a letter with his marriage certificate to the Defense
Finance and Accounting Service (DFAS). A year later he received
his Retiree Account Statement (RAS) and noticed that his wife
was not added to receive SBP. He reapplied for SBP but was
informed that the first anniversary of his marriage was past and
his request was not valid.
In support of his request, the applicant has not provided any
supporting documentation.
His complete submission is at exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force (exhibit B). Accordingly, there is no need to recite
these facts in this Record of Proceedings.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states a member who is
unmarried at retirement may elect coverage for the first spouse
acquired after retirement; 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 be elected only if congress
authorizes an open enrollment period.
The DFAS records reflect the applicant was not married, but had
eligible children and elected child only SBP coverage based on
full retired pay prior to his 1 January 1987 retirement. The
youngest child lost eligibility due to age and SBP premiums
ceased effective 1 July 1992. The applicant married his wife on
17 December 2009, but failed to notify DFAS of the change to his
marital status or request SBP coverage be established on his
wifes behalf within the first year of their marriage.
The complete AFPC/DPSIAR 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 24 June 2011 for review and comment within 30 days.
As of this date, this office has not received a response.
________________________________________________________________
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. We note that
should Congress declare an open enrollment period the applicant
will have an opportunity to elect coverage. 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
BC-2011-01895 in Executive Session on 14 February 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 19 May 2011.
Exhibit B. Letter, AFPC/DPSIAR, dated 15 June 2011.
Exhibit C. Letter, SAF/MRBR, dated 24 June 2011
Panel Chair
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