RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	  DOCKET NUMBER: BC-2013-01382
	XXXXXXX(DECEASED)	  COUNSEL: NONE
	XXXXX  (APPLICANT)		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s (decedent) records be corrected to show he 
made a timely election for spouse coverage under the Survivor 
Benefit Plan (SBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

She was unaware of the SBP or that she should have received 
notification from the Air Force informing her of the decedent’s 
SBP decision.

In support of her request, the applicant provides copies of the 
decedent’s death certificate, marriage certificate, sworn 
statement and DD Form 214, Report of Separation from Active 
Duty.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force.  Accordingly, there is no need to recite these facts in 
this Record of Proceedings.

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  DPFFF states that the U.S. 
Court of Claims has consistently ruled that widows who are not 
given notice of their sponsor's election are entitled to full 
SBP coverage—Barber v. U.S., 676 F.2d 651 (Ct. Cl. 1982); Dean 
v. U.S., 10 Cl. Ct. 563 (1986); and Kelly v. U.S., 826 F.2d 
1049 (Fed Cir. 1987).  In all these cases, the facts were 
essentially the same as they are in this case.  There was no 
record the required notice was given to the applicant.  After 
the death of the retired member, the widow provided a sworn 
statement that she did not receive notification that her 
husband had declined SBP coverage.  In the event relief is 
granted, the unpaid contributions to the SBP that would have 
been deducted from the member's retired pay through the date of 
his death (approximately $99,338) will be collected from any 
annuity payment the applicant would be entitled to receive.  
DPFFF recommends the applicant’s record be corrected to show he 
elected spouse only SBP coverage based on full retired pay 
effective 30 Jun 1975.  Approval should be contingent upon 
recovery of SBP premiums the decedent would have paid had he 
made the election at that time.

The complete DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 Jun 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After a 
thorough review of the facts and circumstances of this case, we 
agree with AFPC/DPFFF’s recommendation that the member’s records 
should be corrected to reflect that he made a valid election for 
spouse coverage, based on full retired pay effective 30 Jun 
1975.  Therefore, in the interest of justice, we find the 
evidence sufficient to grant the requested relief and recommend 
the member’s records be corrected as set forth below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to MEMBER, be corrected to show that on 30 Jun 
1975, he elected spouse only coverage under the Survivor Benefit 
Plan, based on full retired pay.  

________________________________________________________________



The following members of the Board considered this application 
in Executive Session on 7 Nov 2013, under the provisions of AFI 
36-2603:

       , Panel Chair 
       , Member
       , Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered in AFBCMR BC-2013-
01382:

  Exhibit A.  DD Form 149, dated 7 Mar 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPFFF, dated 3 Jun 2013.
  Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 2013.




								 
								Panel Chair
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974



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FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


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