RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03848 

 COUNSEL: NONE 

 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. 

 

The applicant's 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/DPSIAR recommends denial. DPSIAR states that the 
decedent’s election form was not located; however, the Air 
Force Finance and Accounting Center (AFAFC) transaction history 
made at the time of his retirement shows that the required 
spouse acknowledgement was received. This authorized AFAFC to 
validate his election to decline the SBP prior to his 1 Feb 
1985 service retirement. Moreover, there is no evidence he 
elected coverage on the applicant's behalf during any of the 
three open enrollment periods after his retirement and before 
his 24 Jun 2012 death. The intent of the spouse notification 
codified in Title 10 USC Section 1455(b)(1) was to ensure 
spouses, upon the sponsor's death, did not learn for the first 
time that they were not covered by SBP. Notwithstanding the 
fact the applicant has provided a sworn statement alleging that 
she was not aware her husband did not elect SBP coverage and 
AFAFC’s failure to retain documentation of that notification, 
the history transaction annotated in the decedent's record 


confirms standard procedures regarding the spouse notification 
requirement was properly accomplished. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 9 Oct 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this 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 this application 
in Executive Session on 7 May 2013, under the provisions of AFI 
36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered in AFBCMR BC-
2012-03848: 

 

 Exhibit A. DD Form 149, dated 15 Aug 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 24 Sep 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 9 Oct 2012. 

 

 

 

 

 

 Panel Chair