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
3
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