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AF | BCMR | CY2013 | BC-2013-01759
Original file (BC-2013-01759.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01759
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he elected spouse only 
Survivor Benefit Plan (SBP) coverage.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He needs to change his SBP beneficiary to his current spouse. 

In support of his request, the applicant provides a copy of his 
marriage license.  

The applicant's complete submission, with attachment, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is attached at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  A member, who is unmarried at 
retirement, may elect coverage for a 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.

The applicant was unmarried prior to attaining age 60 and 
elected to decline SBP coverage.  On 20 May 99, his retired pay 
commenced.  On 29 Mar 00, the applicant and his spouse were 
married; however, he failed to submit a valid election within 
the first year of their marriage.  

The “Afterburner”, routinely contained articles to advise 
retirees of their SBP options when marrying after retirement and 
until Aug 06, when the loss of funding prevented hard copies 
from being produced.  The newsletters were mailed to the 
correspondence address the applicant provided the Defense 
Finance and Accounting Service-Cleveland Center (DFAS-CL).  Had 
he submitted an election within the first year of his marriage, 
monthly premiums would have been approximately $65.00 and SBP 
costs exceeding $8,000.00 would have been deducted from his pay 
to date.  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. 

Public Law 108-375, which authorized the most recent open 
enrollment period, contained no provision for waiving or 
extending the one-year period authorized to participate.  If the 
applicant had submitted an election during the 2005-
2006 opportunity, he would have been required to pay a lump-sum 
buy-in of approximately $13,585.00 within 24 months, plus the 
normal monthly premiums to provide SBP coverage for his spouse.  
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.

DPFFF states that there is no evidence of an Air Force error or 
injustice.  

The complete DPFFF evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION: 

He disagrees with the recommendation to deny his request.  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 man informed him that 
there were certain days during the year he could sign-up; since 
he did not know what days they were, he stated that he would 
find out and let them know.  They never heard back from him.  

His health began to fail; he had heart and gall bladder surgery; 
suffers with bronchitis two or three times a year; and has a 
defibrillator inserted in his right side.  

On 1 Dec 08, he blacked out and ran off the road travelling 68 
miles per hour and suffered lower brain damage.  He is weak most 
days and has used a walker for the past four and a half years. 

He came out of high school; joined the Air Force and proudly 
served his country.  His spouse deserves to be able to make the 
house payment, pay the utility bills, buy food, and gas in the 
event he is no longer around.  


The applicant’s complete submission is at Exhibit D.

________________________________________________________________

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 that 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 AFBCMR Docket 
Number BC-2013-01759 in Executive Session on 17 Jan 14, under 
the provisions of AFI 36-2603:

					Vice Chair
					Member
				Member	






The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01759 was considered:

	Exhibit A.  DD Form 149, dated 2 Apr 13.
	Exhibit B.  Letter, AFPC/DPFFF, dated 7 Jun 13.
	Exhibit C.  Letter, SAF/MRBR, dated 21 Jun 13. 
	Exhibit D.  Letter, Applicant, undated.




						
						Vice Chair




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