RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00502
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he made a timely election for
spouse coverage under the Reserve Component Survivor Benefit
Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was divorced in 1984; therefore, his son and daughter were
named beneficiaries. He forgot to make the necessary changes
when he remarried in 2004.
The applicant provides no documents in support of his request.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. DPFFF states that a member who is
unmarried at retirement may elect coverage for the first spouse
acquired after retiring. However, the election must be made
before the first anniversary of the marriage. If a member fails
to make an election before then, SBP coverage for that person or
another person of that category may be elected only if Congress
authorizes an open enrollment period. Public Law (PL) 108-375,
28 Oct 2004, authorized an SBP open enrollment period beginning
1 Oct 2005 through 30 Sep 2006, that allowed members, who
declined or had less than maximum level of SBP coverage, an
opportunity to elect to participate or increase their coverage
up to a base amount of their gross retired pay. Members were
advised by direct mail of their eligibility to make an election.
The applicant was unmarried prior to attaining age 60 and on
13 Jul 1988, he elected child only SBP coverage based on full
retired pay (immediate option) under the RCSBP. The youngest
child lost eligibility in Jul 1997. The applicant began
receiving retired pay effective 21 Dec 2003, his 60th birthday.
Defense Enrollment Eligibility Reporting System (DEERS) records
show the applicant married on 31 Jul 2004, but he failed to
submit a valid election within the first year of his marriage.
There is no evidence he submitted an election during the 2005-
2006 open enrollment period. Providing this 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.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 May 2013, a copy of the Air Force evaluation was forwarded
to the member for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_______________________________________________________________
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 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 or injustice. Therefore, 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 30 Sep 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00502:
Exhibit A. DD Form 149, dated 23 Jan 2013.
Exhibit B. Letter, AFPC/DPFFF, dated 16 May 2013.
Exhibit C. Letter, SAF/MRBR, dated 31 May 2013.
Panel Chair
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 | CY2013 | BC 2013 05628
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05628 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The deceased former members records be corrected to reflect he made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP), naming the applicant as the beneficiary. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the...
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 2013 03945
In the event the applicant provides the requested documents, it would be appropriate to correct the decedents records to reflect his son is permanently incapable of self-support. While the applicant has provided medical documentation regarding her son, there is no evidence from a medical provider that her son is incabable of self support. Exhibit E. Letter, Applicants Response, dated 31 Dec 13, w/atchs.
AF | BCMR | CY2013 | BC-2013-01759
He later had an opportunity to obtain additional information about the plan and to elect coverage for his spouse during the 2005-2006 open enrollment period, but failed to do so. In 2000, he and his spouse traveled to Little Rock Air Force Base, Arkansas and talked to a man about requesting SBP coverage for his spouse in the event he died. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2013 | BC 2013 05370
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. There is no record of any spouse SBP premiums ever being deducted from the applicants retired pay. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion...
AF | BCMR | CY2013 | BC-2013-00641
With the help of his attorney, he prepared all the necessary documentation to properly claim the SBP entitlement and submitted this information to DFAS. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Her father enrolled in the SBP and subsequently elected maximum spouse and child coverage during an SBP open enrollment, and had a Helpless Child. Her mother predeceased her father by approximately...
AF | BCMR | CY2013 | BC 2013 02148
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. 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...
AF | BCMR | CY2012 | BC-2012-04931
DPFFF states that the applicants sister was over the age of 22 and his deceased father did not name her as a contingent disabled child beneficiary. 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 that the applicants deceased father has not been the victim of an error or injustice. ...
AF | BCMR | CY2013 | BC 2013 05461
APPLICANT CONTENDS THAT: At the time of her husbands retirement in June 1988, she was not informed of her survivor benefit rights as a spouse. Microfiche records produced by the Air Force Accounting and Finance Center (AFAFC) from July 1989 reflect the decedent declined SBP coverage with the applicant's concurrence prior to his 1 July 1988 retirement. Even though the applicant claims she was not provided an SBP election to sign and was not informed of the members election, finance...