RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03355
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His current spouse be designated his Survivor Benefit Plan (SBP)
beneficiary.
APPLICANT CONTENDS THAT:
His spouse should be listed as his SBP beneficiary.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant was a member of the Air National Guard (ANG) and
retired on 17 Jul 08 (his 60th birthday) in the grade of Master
Sergeant (MSgt).
According to a death certificate issued by the Ohio Department
of Health, the applicants National Interest Person (NIP) SBP
beneficiary died on 8 Nov 03.
According to the marriage certificate issued by the State of
Tennessee, County of Sevier, the applicant and his current
spouse were married on 10 Jun 10.
AIR FORCE EVALUATION:
DFAS-CL states that In Accordance With (IAW) 10 U.S.C. §
1448(5)(B), in order to provide SBP coverage for his spouse, the
applicant had to notify the Defense Finance and Accounting
Service (DFAS) within one-year of the first anniversary of his
marriage. The applicant was a reservist who was eligible to
enroll in the Reserve Component Survivor Benefit Plan (RCSBP) on
17 Jan 97. At the time, he elected NIP coverage. The NIP
beneficiary died on 8 Nov 03. The applicant retired effective
17 Jul 08 (60th birthday). On 14 Mar 08, he signed a DD Form
2656, Data for Retired Personnel, on which he indicated he did
not want to participate in RCSBP. However, because he had
previously enrolled, his election status became no
beneficiary. The applicant married on 10 Jun 10 and he had one
year from the date of their marriage to add his spouse as a SBP
beneficiary. DFAS has no correspondence from the applicant
during this period indicating he had married and wished to cover
his current spouse.
On 21 Feb 14, DFAS received DD Form 2656-6, Survivor Benefit
Plan Election Change Certificate, from the applicant requesting
to change from no coverage to spouse only full coverage. A
letter was sent to the applicant informing him that he is unable
to add his spouse to the SBP as he would have had to notify DFAS
prior to his first year anniversary in order for her to have
been eligible. The letter explained that if Congress should
approve an open season enrollment period in the future, he would
be allowed to add his spouse at that time.
A complete copy of the DFAS-CL 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 10 Feb 15 for review and comment within 30 days
(Exhibit C). 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 note the
applicant did not request SBP coverage for his spouse within one
year of his marriage as required by 10 U.S.C. § 1448(5)(B).
Regardless of such a state of the law it does not prevent us
from providing meaningful relief based on the preponderance of
evidence showing an error or injustice. However, after
thoroughly reviewing the evidence of record, and noting the
applicants contentions, we find no evidence of an error or
injustice. Therefore, the applicant has failed to sustain his
burden of proof that he has been the victim of an error or
injustice. 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-2014-03355 in Executive Session on 12 Jun 15 under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jul 14, w/atchs.
Exhibit B. Memorandum, DFAS-JFBE/CL, dated 23 Dec 14.
Exhibit C. Letter, SAF/MRBR, dated 10 Feb 15.
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