RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02148
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Survivor Benefit Plan (SBP).
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APPLICANT CONTENDS THAT:
He was married on 28 June 1997. He obtained a dependent
identification card; however, he was not advised that he could
elect SBP for his spouse.
In support of the applicants appeal he provides a copy of his
marriage license and dependent identification card.
The applicant's complete submission, with attachments, is at
Exhibit A.
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STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force at
Exhibit B.
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AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. DPFFF states the applicant was
not married, but had eligible children and elected child only
SPB coverage based on full retired pay prior to his 1 October
1992 retirement. The youngest child lost eligibility in July
2004 due to age. The applicant married on 28 June 1997, but did
not notify the Defense Finance and Accounting Service
Cleveland Center (DFAS-CL) of the change to his marital status
or request SBP coverage be established on his wifes behalf
within the first year of their marriage.
It is the responsibility of each retiree to take timely and
appropriate action to ensure their spouses are properly
designated for military benefits. The Afterburner routinely
contained articles to advise retirees of their SBP options when
marrying after retirement, and these newsletters were mailed to
the member. Had he elected coverage during either of the open
enrollments, he would have had to pay a lump-sum buy-in of
approximately $3,700 (99-00) or $7,900 (05-06). Neither open
enrollment contained provisions for waiving or extending the
one-year period authorized to participate. SBP is similar to
commercial life insurance in that an individual must elect to
participate during the opportunities provided by the law and pay
the associated premiums in order to have coverage. Providing
the applicant additional time to elect SBP coverage would be
inequitable to other retirees in similar situations and is not
justified by the facts.
The complete DPFFF evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 August 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
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THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was 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 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
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence 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.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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.
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The following members of the Board considered AFBCMR Docket
Number BC-2013-02148 in Executive Session on 5 February 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 April 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 1 July 2013, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 5 August 2013.
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