RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01197
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His current spouse be added as the beneficiary on his Survivor Benefit Plan (SBP).
APPLICANT CONTENDS THAT:
His former spouse was the beneficiary on his SBP, but she passed away. He initiated a change to add his current spouse to his SBP as the beneficiary, but was denied. To preclude former-spouse designation from carrying over to his current spouse is categorically an error.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the documentation provided by the applicant:
a. On 20 Aug 62, the applicant retired from the Air Force, and elected spouse-only coverage under SBP for his then-spouse.
b. On 12 Feb 03, the applicant married his current spouse.
c. On 9 Oct 13, the applicants former spouse, the beneficiary on his SBP, passed away.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
DFAS-JBJE/CL recommends denial indicating there is no evidence of an error or an injustice. The Department of Defense Office of General Council (DoD/OGC) has provided guidance on this issue, and the laws governing SBP do not permit a change from former spouse to spouse coverage after the former spouse dies. Allowing such a change would permit a married member to avoid paying premiums after the death of the former spouse, but the current spouse would still receive the benefit of an annuity even if an election is submitted near the end of the members life. Title 10 United States Code (USC) 1540(f)(1) must be interpreted to mean that the change from former spouse to spouse coverage must be made while the former spouse is still living. There is no evidence the applicant sought to change his former spouse coverage to spouse coverage before his former spouse, the legal beneficiary, had passed away. The applicant will have the option to elect spouse coverage during a future open season enrollment.
A complete copy of the DFAS-JBJE/CL evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 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 timely filed.
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 DFAS-JBJE/CL 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-2014-01197 in Executive Session on 17 Feb 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-JBJE/CL, dated 28 May 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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