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COUNSEL: None -
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
JUL 1 7
IN THE MATTER OF:
DOCKET NO: 97-03293
HEARING DESIRED: NO
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Applicant requests that the one year eligibility period for a
spouse acquired after retirement be waived and she be granted a
Survivor Benefit Plan (SBP) annuity. Applicant's submission is at
Exhibit A. I
The appropriate Air Force office evaluated applicant's request and
provided an advisory opinion to the Board recommending the
application be denied (Exhibit C).
The advisory Qpinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Mr. Henry C. Saunders, Mrs. Barbara A.
Westgate, and Mr. David C. Van Gasbeck considered this application
on 16 July 1998 in accordance with t
the provisio s of Air 1552. Force
Instruction 36-2603 and the governing sta Ute,
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HE RY C. SAUNDERS
P ne1 Chair
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
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
Reauested Correction: The applicant, widow of the above-named retiree, is requesting
corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity.
Basis for Reauest: The applicant claims the member intended to add Survivor Benefits
for her as soon as the year’s waiting period was up.
Background: The law controlling the SBP provides that a spouse acquired after a
member retires becomes an eligible beneficiary on the first anniversary of their marriage or the
birth of a child of the marriage, whichever is earlier.
Facts: The member elected RSFPP child only coverage prior to his I Aug 68 retirement
and all children lost eligibility effective Dec 70. The member elected spouse SBP coverage
based on full retired pay during the open enrollment period authorized by Public Law 97-35
(31 Aug 82) and coverage and costs were suspended 1 I Oct 92 following the death of his wife.
The applicant and the member married on 5 Dec 96 and the member died on 27 Oct 97, less
than the time necessary for the applicant to become an eligible SBP beneficiary,
Discussion: While it is unfortunate the member died shortly before the annuity would ,
have been payable, there are no provisions in law to waive the one-year eligibility period for a
spouse acquired after retirement. It would be contrary to the letter and intent of the law, as well
as inequitable to other survivors similarly situated, to approve the applicant‘s request.
Recommendation: There is no basis in law to grant relief; therefore, we recommend the
request be denied.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
9703293
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. The member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child coverage...
If neither the member nor former spouse requests the efection change during the one-year eligibility period, former spouse coverage may not be established thereafter. Even though a member fails to notify Defense Finance and Accounting Service (DFAS) of the divorce and continues to pay SBP premiums afterwards, the former spouse is not eligible for an annuity upon the member's death. Discussion: Although the applicant made no election change during the required time limit, there is no...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). A member who is unmarried at retirement may elect coverage for a newly acquired spouse; however, the election must be made before the first anniversary of the marriage. However, if the Board’s decision is to grant relief, the member‘s record should be corrected to reflect on 24 Mar 89 he elected to add his spouse to his child only...
*e- Background: A spouse’s eligibility as an SBP beneficiary terminates upon divorce. If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Neither party remarried, SBP premiums continue to be deducted from the member‘s retired pay, and the former spouse is reflected as the eligible spouse beneficiary.
AIR FORCE BOA~D FOR CORRECTION OF MILITARY RECORDS . The 'appropriate Air Force 'office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). However should the Board decide to grant relief, the member’s records should be corrected to void his election to add71is child as an SBP beneficiary and refund the portion of the SBP premiums related to the child coverage.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). d. There were no provisions in the laws during these open enrollment periods requiring the Services to notify spouses of retired members if the member did not enroll. However, if the decision of the Board is to grant relief, the decedent's record should be corrected to show on 21 Sep 72 he made an SBP election for spouse...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit B). Applicant's response to the advisory opinions is at Exhibit D. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. i - - 550 C Street West, Suite 14 Randolph AFB TX 78150-4716 MEMORANDUM FOR AFBCMR FROM: HQ...
STATEMENT OF FACTS: The Air Force indicated the applicant elected reduced spouse and child coverage The SBP counselor at d o ; F B , Nevada, provided verification that the applicant‘s wife did not attend the 4 Sep 96 SBP pre-retirement briefing. There is no evidence of error or injustice in this case and DPPTR recommends the requested relief be denied. The following members of the Board considered this application in Executive Session on 21 May 98, under the provisions of Air...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C) . Available Master Personnel Records C. Advisory Opinion D. AFBCMR Ltr Forwarding Advisory Opinion E. Applicant's Response DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER RANDOLPH AIR FORCE BASE TEXAS MEMORANDUM FOR AFBCMR FROM: HQ AFPCIOPPTR 550 C Street West Ste 11 Randolph A f 6 TX 78150-471 3 SUBJECT;...
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 97-00407 SEP 2 1898 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he declined to participate in the Survivor Benefit Plan (SBP) program at the time his name was placed on the Temporary Disability Retired List (TDRL). (Exhibit A) STATEMENT OF FACTS: The applicant elected insurable interest SBP coverage, naming his father as beneficiary,...