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AF | BCMR | CY2012 | BC-2012-01102
Original file (BC-2012-01102.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

  DOCKET NUMBER:  BC-2012-01102 
  COUNSEL:  NONE 
  HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
 
   
 
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His records be corrected to reflect he made a timely election to 
change  his  Survivor  Benefit  Plan  (SBP)  spouse  only  coverage  to 
spouse and child(ren) coverage. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
At the time he made the election for spouse coverage his son was 
not born and he did not have custody of his step-children.  He 
did not remember he needed to add his children within one year of 
acquiring them.   
 
In support of his request, the applicant provides a copy of his 
DD  Form  2656-6,  Survivor  Benefit  Plan  Election  Change 
Certificate, and copies of his children’s birth certificates and 
social security cards. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
Prior to his 1 May 08, retirement, the applicant was single with 
no dependent children and declined SBP coverage.  On 2 Mar 09, he 
was married.  Although, his spouse had two children, he submitted 
a request for spouse only coverage under the SBP within the first 
year of their marriage.  Their child was born on 21 Sep 09 and 
there  is  no  evidence  the  applicant  attempted  to  establish 
coverage for his son within the first year following his birth. 
 
The  remaining  relevant  facts  pertaining  to  this  application  are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit B. 
 
_________________________________________________________________ 
 

AIR FORCE EVALUATION: 
 
AFPC/DPSIAR  recommends  denial  noting  there  is  no  merit  to  the 
applicant’s contention that he did not include his step-children 
when  he  submitted  his  SBP  election  because  he  did  not  have 
custody  of  them.    A  service  member,  who  has  no  eligible 
beneficiary  at  retirement,  may  provide  coverage  for  the  first 
spouse and/or child acquired following retirement.  However, the 
election  must  be  submitted  before  the  first  anniversary  of  the 
date of marriage, or the date of the child's birth or adoption.  
The  new  spouse  will  not  become  eligible  to  receive  the  SBP 
annuity until the marriage has existed one full year, but a child 
becomes  eligible  on  the  date  of  birth  or  adoption.    If  the 
service  member  fails  to  elect  SBP  coverage  for  an  eligible 
beneficiary  within  the  time  prescribed  by  law,  coverage  may  be 
provided  only  in  the  event  of  an  open  enrollment  period 
authorized by Congress.  Federal law does not require a service 
member to have physical custody of an eligible dependent child in 
order to elect SBP coverage on the child's behalf.  Correct and 
specific action is required to elect SBP coverage following post-
retirement changes in family status.  The  Afterburner,  News  for 
USAF  Retired  Personnel,  contains  reminders  for  service  members 
concerning  required  actions  to  ensure  SBP  coverage  is  properly 
obtained  following  changes  in  marital  and  family  status.    To 
allow  this  applicant  an  additional  opportunity  to  provide  SBP 
coverage for his children would be inequitable to other retirees 
in similar situations.   
 
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  7  May  12  for  review  and  comment  within  30  days  (Exhibit  C).  
As of this date, no response has been received by this office. 
 
_________________________________________________________________ 
 
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 an error or an injustice.  We took 
notice  of  the  applicant’s  complete  submission  in  judging  the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant  has  failed  to  sustain  his  burden  of  proof  of  the 

 

2 

existence of an error or injustice.  Therefore, we must recommend 
that the requested relief be denied. 
 
_________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate the existence of a material error or injustice; the 
application  was  denied  without  a  personal  appearance;  and  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-2012-01102 in Executive Session on 27 Nov 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
 

Exhibit A. DD Form 149, dated 23 Mar 12, w/atchs. 
Exhibit B. Letter, AFPC/DPSIAR, dated 30 Apr 12. 
Exhibit C. Letter, SAF/MRBR, dated 7 May 12. 

  Panel Chair 
  Member 
  Member 

 
Panel Chair  

 
 

   
   

 
 

 

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