RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00929
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His wife and child be enrolled in the Survivor Benefit Plan
(SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He retired in 1989 as a colonel. At the time of his retirement,
he was not married. He married on 23 October 2003 and his
daughter was born on 30 September 2004. Several years went by
before he applied for SBP only to discover that a time limit
existed between the date of marriage and the application for the
benefit.
His wife received her Air Force identification card within the
first month of marriage, after which, she was registered with
Defense Enrollment Eligibility Reporting System (DEERS) and the
Air Force Finance office. Unfortunately, they received no
guidance concerning the survivors benefit application.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the Military Personnel Data System reflects
the applicant retired on 24 April 1989 in the grade of colonel.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS recommends denial. DFAS does not have a copy of the
applicants SBP declination from his retirement. They attempted
to recover his pay data; however, his case could not be located.
The information they have that reflects he declined SBP for
spouse and child at the time of his retirement came from a data
transfer from the Air Force. If he did decline SBP and had
eligible beneficiaries, the declination is irrevocable. However
according to his marriage certificate, this is his first
marriage.
If he did not have a spouse and/or children at the time of his
retirement, his SBP election should not have been
declined/spouse and child excluded it should have been input
as no beneficiary. If this is the case, that his SBP was
coded incorrectly and he did not have eligible beneficiaries at
the time of retirement, his election should have been input as
no beneficiaries and he could have, within one year of marriage,
elected SBP coverage. Unfortunately, DFAS does not have a copy
of his original declination, nor do they have any information as
to whether or not he had eligible beneficiaries at the time of
his retirement.
The Department of Defense Federal Management Regulation, Volume
7B, Chapter 43, Paragraph 430102 states that in the case of a
retiree electing a standard SBP annuity, the member must make
such election before retired pay becomes payable, or if there is
no eligible beneficiary at that time, within one year of
acquiring an eligible beneficiary. Lack of notification from a
retiree to cover a new spouse under SBP within one year of
marriage constitutes a declination of SBP coverage.
On 7 January 2004, DFAS received a letter from the applicant
along with a copy of his marriage certificate requesting to
change his status. He indicated that he did not intend to
change his withholding at that time. Since his account
reflected he declined with SBP coverage, a designation of
beneficiary form was sent to him. This form is used for any
unpaid retired pay that may be due upon death. The completed
the form in January 2004, February 2004 and April 2011. He may
have thought the form was for SBP.
On 22 October 2013, DFAS received an SBP election change form
requesting a change from no coverage to spouse and child
coverage. However, his request could not be honored since his
election shows that he declined SBP coverage at retirement. If
his election was no beneficiary at retirement, his request
still could not be honored as it was over one year since his
marriage.
Should the Board approve the applicants case, retroactive
premiums will be collected.
The complete DFAS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to a request for a Marital Status Affidavit, the
applicant submits that he married his current spouse on
23 October 2003 (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 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 the
recommendation of the office of primary responsibility and adopt
its rationale as the basis for our conclusion that
notwithstanding the applicants declination of SBP enrollment at
the time of retirement, he failed to make a clear election to
participate in the SBP within the one year time period as
prescribed by law. Therefore, we find no basis to grant the
relief sought in the 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-2014-00929 in Executive Session on 12 June 2015, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00929 was considered:
Exhibit A. DD Form 149, dated 27 Feb 14, w/atchs.
Exhibit B. Letter, DFAS, dated 7 Apr 14.
Exhibit C. Letter, SAF/MRBR, dated 22 Sep 14.
Exhibit D. Member Affidavit, dated 4 Aug 14.
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