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 applicants 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 spouses concurrence was received.
There is no record of any spouse SBP premiums ever being
deducted from the applicants 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 applicants 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 applicants 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 applicants 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.
AF | BCMR | CY2012 | BC-2012-04626
________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, stating, in part, there is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedent's record be corrected to reflect on 1 Feb 94, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. Considering the applicant failed to execute a deemed...
AF | BCMR | CY2014 | BC 2014 00775
When a member fails to elect SBP coverage for an eligible spouse, coverage cannot be established thereafter except during a Congressionally-mandated open enrollment period. Had the applicant elected spouse and child coverage, the cost for his spouse and eligible children would have been approximately $88 per month. 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...
AF | BCMR | CY2013 | BC 2012 05512
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...
AF | BCMR | CY2014 | BC 2014 03524
The Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant requested spouse and child SBP coverage based on full retired pay prior to his 1 Nov 06 retirement. It is unfortunate that the applicant failed to notify DFAS in a timely manner of his marriage, in order to preclude a debt or to deny SBP coverage for her. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In a letter dated 5 Mar 15, he states his spouse provided a letter relinquishing the SBP benefit.
AF | BCMR | CY2013 | BC 2013 02998
However, there is no evidence either party submitted a valid former spouse election during the required time following their divorce. Neither the applicant nor the former spouse submitted a valid election within the one-year period required by law to establish former spouse coverage. Exhibit D. Letter, Member, dated 3 Sep 2013, w/atch.
AF | BCMR | CY2014 | BC 2014 01225
PL 97-252 (8 Sep 82) permitted retiring members to provide SBP coverage for their former spouses under the insurable interest option. It is recommended that the deceased former members record be corrected to reflect that on 1 Mar 86, he elected to change SBP former spouse coverage under the insurable interest option to former spouse coverage under the spouse coverage option, naming the applicant as the eligible former spouse beneficiary, and she concurred in the change. THE BOARD...
AF | BCMR | CY2013 | BC 2013 04366
However, if the Boards decision is to grant relief, the applicants records should be corrected to show that on 16 Jan 10, he elected not to resume SBP spouse coverage. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that that the application will only be reconsidered upon the submission of newly discovered relevant evidence not...
AF | BCMR | CY2014 | BC 2014 00206
Public Law (PL) 99-145 allows a participant, with suspended spouse coverage, to elect not to resume coverage for a subsequently acquired spouse. While the applicant acted in a timely manner when he notified DFAS-CL of his divorce from his first wife, it is reasonable to expect him to have also informed the finance center of any newly-acquired spouse. As of this date, no response has been received by this office (Exhibit C).
AF | BCMR | CY2012 | BC-2012-04233
She recently discovered that upon their divorce, her ex- husband failed to change the SBP election designation from spouse to former spouse as was required by their divorce agreement. Based on the favorable recommendation rendered by the Air Force office of primary responsibility indicating that since the member did not request SBP coverage be terminated upon his divorce from the applicant, he intended for her to remain his SBP beneficiary. ...
AF | BCMR | CY2005 | BC-2005-00415
Even though the law in effect at the time of the applicant’s divorce did not allow retired members to provide former spouse SBP coverage, the member could have voluntarily elected former spouse SBP coverage on the applicant’s behalf when he applied for commencement of his retired pay, but he did not. A member, who has an eligible former spouse at the time of retirement, and does not elect SBP former spouse coverage, may not later elect that option unless Congress authorizes an open...