RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	  DOCKET NUMBER: BC-2012-04821
	 (DECEASED)	  COUNSEL: NONE
	 (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:

Her husband declined to participate in the SBP without her 
knowledge or consent.

In support of her request, the applicant provides copies of the 
decedent’s death certificate, DD Form 214, Certificate of 
Release or Discharge from Active Duty, and various other 
documents associated with her request.

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.

_______________________________________________________________

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 (CI. Ct. 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 $72,509) will be collected from 
any annuity payment (about $827 gross per month) the 
applicant would be entitled to receive.

The complete DPFFF evaluation is at Exhibit B.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 Nov 2012, 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 injustice.  There is no 
evidence of Air Force error; however, to preclude an injustice, 
we agree with AFPC/DPSIAR’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 1 Nov 1980.  Accordingly, we 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 1 Nov 
1980, 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 31 Jul 2013, under the provisions of 
AFI 36-2603:

      , Panel Chair 
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-
2012-04821:

  Exhibit A.  DD Form 149, dated 15 13 Sep 2012, w/atchs.
  Exhibit B.  Letter, AFPC/DPFFF, dated 9 Nov 2012.
  Exhibit C.  Letter, SAF/MRBR, dated 26 Nov 2012.




								
								Panel Chair