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AF | BCMR | CY2013 | BC 2013 05370
Original file (BC 2013 05370.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05370
					COUNSEL:  NONE
		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His records be corrected to reflect his current spouse as his 
Survivor Benefit Plan (SBP) beneficiary, instead of his former 
spouse.


APPLICANT CONTENDS THAT:

He was told that when he married his current wife, she would 
automatically be added to his SBP election.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 1 Mar 88, the applicant retired from active duty.   

According to documentation provided by the applicant, on 29 Dec 
98, he married his current spouse.


AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of 
an error or an injustice.  The Defense Enrollment Eligibility 
Reporting System (DEERS) records reflect the applicant and his 
former spouse were married on 9 Nov 85, but his retired pay 
records reflect he elected “child only” SBP coverage based on 
full retired pay prior to his 1 Mar 88 retirement.  Finance 
records also show that the spouse’s concurrence was received.  
There is no record of any spouse SBP premiums ever being 
deducted from the applicant’s retired pay.  Additionally, there 
is no evidence the applicant submitted an open enrollment 
election to provide SBP coverage for his current spouse during 
the two opportunities authorized by Public Laws (PLs) 105-261 
(1 Mar 99 – 29 Feb 00) or PL 108-375 (1 Oct 05 – 30 Sep 06).  
The applicant’s youngest child lost eligibility due to age and 
SBP premiums were suspended on 1 Jul 09.  Absent irrefutable 
evidence that the applicant was not legally married on 1 Mar 88, 
or proof spouse SBP premiums were deducted from his retired pay 
until his divorce from his former spouse, the applicant’s claim 
is without merit.

A member, who declines spouse coverage at retirement, may not 
provide coverage for that spouse or any future spouse, unless 
Congress authorizes an open enrollment.  The law contains no 
automatic enrollment provision for a spouse acquired after 
retirement unless spouse coverage had been previously elected, 
then suspended due to death or divorce of the previous spouse.

The complete DPFFF evaluation, with attachments, is at Exhibit 
C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Feb 14 for review and comment within 30 days 
(Exhibit D).  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 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 not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of 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-2013-05370 in Executive Session on 22 Nov 14 under the 
provisions of AFI 36-2603:

	                  , Vice Chair
	                 , Member
	                    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Nov 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPFFF, dated 29 Jan 14, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 14.

						

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