RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02294
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Survivor Benefit Plan (SBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
When he retired in 1991 he was not married. He married his
spouse in 1997 and they later divorced. They remarried in
October 2012.
In support of the applicants appeal he provides a copy of his
marriage license, Congressional documentation and DD Form 214,
Armed Forces of the United States Report of Transfer or
Discharge.
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:
DFAS/JFBE recommends denial. DFAS states the lack of
notification from a retiree to cover a new spouse under SBP
automatically constitutes a declination of SBP spouse coverage.
The applicant retired on 5 December 1991. At the time of his
retirement he was not married and did not have any eligible
children for SBP coverage. DFAS received information that the
applicant married his spouse on 31 January 1997. The applicant
had one year from the date of acquiring an eligible beneficiary
to elect SBP coverage. They have thoroughly researched his
records and do not have any record of him electing SBP coverage.
The applicant did not notify DFAS within one year of his initial
marriage to his spouse that he wished to elect spouse SBP
coverage. For this reason, the applicant is unable to elect
spouse SBP coverage for his spouse at this time. The
applicants only opportunity to elect SBP coverage for his
spouse would be during a future SBP open season. All open
seasons are authorized and approved solely by the United States
Congress, and DFAS has no influence over when a future open
season may occur.
The complete DFAS evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 June 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.
________________________________________________________________
_
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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we do not find the evidence
sufficiently persuasive to override the rationale expressed by
the Air Force office of primary responsibility (OPR). The
applicant did not make a deemed election for spouse SBP coverage
within the one-year period. Therefore, we agree with the OPRs
opinion and recommendation and adopt its rationale expressed as
the basis for our decision that the applicant has failed to
sustain his burden of proof that he has suffered either an error
or injustice. Accordingly, 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 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.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-02294 in Executive Session on 25 March 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 April 2013, w/atchs.
Exhibit B. Letter, DFAS-JFBE/CL, dated 30 May 2013.
Exhibit C. Letter, SAF/MRBR, dated 17 June 2013.
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AF | BCMR | CY2013 | BC 2013 01977
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit B. At the time of his retirement, the applicant was married and elected SBP coverage for his spouse with a reduced base amount. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01977 in Executive Session on 25 Mar 14,...
AF | BCMR | CY2014 | BC 2014 01924
APPLICANT CONTENDS THAT: At the time of his retirement, he elected spouse and child coverage; however, due to his divorce the, SBP coverage was changed to former spouse and child. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice. ...
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The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial, indicating there is no evidence of an error or injustice. The deceased former member retired on 31 May 96 and declined SBP coverage. The applicant became entitled to DIC...
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________________________________________________________________ _ APPLICANT CONTENDS THAT: Upon his divorce, the Defense Finance and Accounting Service (DFAS) advised him to fax a copy of his original divorce decree and a completed copy of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. On 11 January 2013, DFAS received a DD Form 2656-1 from the applicant requesting to change his SBP election, due to divorce, from spouse and child coverage to...
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The Defense Enrollment Eligibility Reporting System (DEERS) records reflect the applicant remarried on 29 Aug 1998; however, he failed to submit a valid SBP election within the first year of their marriage. The instruction indicates no penalty for failing to enroll all subsequent spouses after retirement. _______________________________________________________________ The following members of the Board considered this application in Executive Session on 29 Aug 2013, under the provisions of...
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The records show that the applicant and her former spouse were married on 7 Nov 64, and he declined SBP coverage prior to his 1 May 83 retirement. 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
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The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force Offices of Primary Responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: DFAS recommends denial indicating there is no evidence of an error or an injustice. The applicant elected SBP spouse coverage upon his retirement on 1 Aug 75. They opine that if the DFAS advisory is correct that the death of the former spouse precludes the plan participant...