RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00692
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to show that he changed his child only Survivor Benefit Plan (SBP) election to reflect his spouse as his beneficiary.
APPLICANT CONTENDS THAT:
He simultaneously submitted a change to designate his spouse as his Arrears of Pay (AOP) and SBP beneficiary after they were married on 9 November 2012. However in November 2013 he discovered the change never took place. He was told that since it was not too late afterwards it should go through. He checked again in February 2014 and there was still no change. Although, he forwarded his request around late November, he was told that it was not received until January 2014. As a result, his change of SBP beneficiary request was denied due to an untimely submission.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B.
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. Prior to the applicants retirement on 1 September 2000, he was not married and he elected child only SBP coverage based on full retired pay. According to the Defense Enrollment Eligibility Reporting System (DEERS) records the applicant married on 4 September 2004; however, he failed to submit a valid SBP election within the first year of their marriage. His spouse died on 17 November 2006. The applicant remarried on 9 November 2012, and on 6 January 2014, DFAS-CL received a request to add her to his child only coverage. The request was not honored since the applicant failed to submit a valid election for spouse coverage before the first anniversary of his first marriage. Coverage for his current spouse can only be provided if Congress authorized another open enrollment. Had the applicant submitted an election within the first year of his marriage to his first spouse, SBP premiums would have been deducted until her death. Premiums would have been suspended and then reinstated on the first anniversary of his marriage to his current spouse. A member must elect to participate during the opportunities provided by the law and pay the associated premiums in order to have coverage. There is no evidence of an Air Force error or injustice in this case and providing this applicant an additional opportunity to elect SBP coverage would be inequitable to other retirees in similar situations, which is not justified by the facts.
A complete copy of the AFPC/DPFFF evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 September 2014 for review and comment within 30 days. As of this date, no response has been received by this office (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 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 (OPR) 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.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
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-2014-00692 in Executive Session on 16 March 2015, under the provisions of AFI 36-2603:
Vice Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 February 2014, w/atch.
Exhibit B. Letter, AFPC/DPFFF, dated 15 May 2014.
Exhibit C. Letter, SAF/MRBR, dated 19 September 2014.
AF | BCMR | CY2014 | BC 2014 00534
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits B and C. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial of the applicants request to deem herself as an eligible beneficiary under SBP. There is no evidence the member submitted a valid election to voluntarily change his spouse to former spouse SBP coverage within the first year following their divorce...
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 | 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 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 | CY2014 | BC 2014 01362
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01362 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His status of his Survivors Benefit Plan (SBP) beneficiary be changed from Spouse to Former Spouse. APPLICANT CONTENDS THAT: The information provided during his retirement out-processing briefing was inaccurate and misleading. He was told the only time his SBP election could be changed was in the event of...
AF | BCMR | CY2014 | BC 2014 02658
The service member responded with a signed and notarized affidavit, dated 29 July 2014, which indicates he is currently married effective 16 November 2002 and his current spouse did not complete a Release of Benefits (Exhibit C). He did not request SBP benefits for his current spouse because he did not know that she was eligible. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was...
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 03693
Since the applicant bypassed at least five opportunities to provide SBP coverage for an eligible spouse, coverage for his current spouse can only be provided if Congress authorized another open enrollment. The open enrollments required members to pay a lump- sum buy-in amount within 24 months after making the election. 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...
AF | BCMR | CY2014 | BC 2014 00393
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00393 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her former spouses records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) APPLICANT CONTENDS THAT: Their divorce decree directed her former spouse to maintain her as the beneficiary under the SBP. The applicant and the deceased former member married on...
AF | BCMR | CY2013 | BC 2013 00416
________________________________________________________________ STATEMENT OF FACTS: The 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. Public Law (PL) 99-145 allows for a participant, with suspended spouse coverage, to elect not to resume coverage for a subsequently acquired spouse. The SBP premiums were suspended in Jul 93.