DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 96-02221
Nov 0 4 1997
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code, Air Force
Instruction 36-2603, and having assured compliance with the provisions of the
above regulation, the decision of the Air Force Board for Correction of Military
Records is announced, and it is directed that:
of the Department of the Air Force relating to
e corrected to show that on 31 January 1980,
e Survivor Benefit Plan based on full retired
.
RP
OND H. WELLER
ief Examiner
-
h r Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 9 6 - 0 2 2 2 1
WV 0 4 1997-
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully reviewed this application, we agree with
the recommendation of the Air Force and adopt the rationale
expressed as the basis for our decision that the applicant has
been the victim of either an error or an injustice.
under the authority delegated in AFI 3 6 - 2 6 0 3 , the applicant's
records will be corrected as set forth in the accompanying
Memorandum for the Chief of Staff signed by the Executive
Director of the Board or his designee.
Therefore,
id&
ane Chairman LLw
Attachment:
Ltr, HQ AFPC/DPPTR, dtd 6 Oct 97
B
U.S. AIR FORCE
1 9 4 7 - 1 9 9 7
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
-
3 @CT
{:;;
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Reference:
Requested Correction: The applicant, widow of the above-named retired member, is
requesting corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity.
Basis for Request: The applicant swears, under penalty of perjury, that she was not
notified of her husband's SBP decision.
Backaround: Public Law (PL) 92-425, which established the SBP, required the spouse
be notified when a member declined or elected less than maximum spouse coverage.
Facts: Documents provided by the applicant establish that she and the member were
married on 14 Aug 60. Defense Finance and Accounting Service (DFAS) records indicate that
the member declined SBP coverage prior to his 1 Feb 80 retirement. The member's election
form has not been located and there is no evidence that the required notice was or was not
sent to the applicant. The member died on 26 May 96.
Discussion: 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 (Cl. Ct. 1982; Dean v. U.S., 10 CI. 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 retiree, the widow provided a sworn statement that she was not counseled, advised, or
aware her husband did not elect SBP coverage on her behalf.
Recommendation: We recommend the decedent's records be corrected to show on
31 Jan 80 he elected spouse SBP coverage based on full retired pay. Approval should be
contingent upon recovery of premiums the decedent would have paid had he made the
election at that time.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
ADDENDUM TO
RECORD OF PROCEEDINGS
The following members of the Air Force Board for Correction of
Military Records considered this case in Executive Session on
28 October 1997, in accordance with AFI 36-2603 and 10 USC 1552.
Mr. Vaughn E. Schlunz, Panel Chairman
Mr. Joseph G. Diamond, Member
Mr. Patrick R. Wheeler, Member
The pertinent military records of the Department of the Air be corrected to - MOND H. WELLER Examiner Air Force Board for Correction of Military Records DEPARTMENT OF THE AIR FORCE WASHINGTON, DC JUN 3 0 1998 Office of the Assistant Secretary AFBCMR 98-00024 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the...
An AFAFC letter to the decedent, dated 7 October 1972, explained that SBP coverage had been established on his spouse's behalf in compliance with the provision of the law that required establishment of maximum spouse and child coverage if a member, such as the applicant, made no election before retirement. Documents provided by the applicant include a copy of a 7 Oct 72 letter to the decedent from the Air Force Accounting and Finance Center (AFAFC) which explained SBP coverage had been...
He could have elected former spouse SBP coverage for her during the 1992 open enrollment. However, spouse premiums could be terminated following divorce if the member additionally selected Option 4. He could have elected former spouse SBP coverage for her during the 92 open enrollment.
AF | BCMR | CY2013 | BC-2011-02061
_______________________________________________________________ STATEMENT OF FACTS: According to the information provided by the Air Force office of primary responsibility, the applicant and the decedent were married on 29 May 1961. 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. To date, a response has not been received (Exhibit C).
AF | BCMR | CY2011 | BC-2011-02755
The U.S. Court of Claims has consistently ruled that widows of members retiring after SBP's implementation, who were not given notice of the sponsor's election, are entitled to full SBP coverage-Barber v. U.S., 676 F.2d 651 (CI. In this case, although this applicant claims she does not remember seeing the notification letter when the decedent declined SBP coverage prior to his retirement, clearly the spouse notification letter was sent to her by the Air Force as required by law. ...
AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that at the time of the applicant's divorce there was no provision under the SBP law to continue coverage to a former spouse. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did noz demonstrate the existence of probable material error o r injustice; that the application was denied without a personal appearance; and that the application will only be...
Both must be exercised within the first year following divorce: the retiree may file an election change, or the former spouse may request the retiree be deemed to have made such a change on his or her behalf. If neither the member nor former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. There is no evidence the decedent nor the applicant took the required action to change the coverage, and SBP premiums...
AF | BCMR | CY2012 | BC-2012-03698
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 husbands (decedent) records be corrected to show he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP). After the death of the retired member, the widow provided a...
AF | BCMR | CY2012 | BC-2012-04821
_______________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. 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. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records...
As a result of the CG’s decision, the AFBCMR advised the applicant by letter dated 23 Jan 98 that, since the Board lacked the authority to approve claims that were filed more than six years after the death of the service member, her case was being returned and administratively closed (Exhibit C). _________________________________________________________________ AIR FORCE EVALUATION: Prior to the Pride v. US ruling, the Chief, Retiree Services Branch, AFPC/DPPTR, had provided the following...