DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUN 3 0 1998
Office of the Assistant Secretary
AFBCMR 98-00024
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: .
o
Force relating t
show that on 31 December 1972, he elected spouse Survivor Benefit
Plan annuity coverage based on full retired pay.
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 applicant has
been the victim of either an error or an injustice.
under the authority delegated in A F I 36-2603, 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,
Attachment:
+Ltr, HQ AFPC/DPPTR, dtd 28 May 1998
Panel Chair
DEPARTMENT O F T H E A I R FORCE
H E A D Q U A R T E R S A I R F O R C E P E R S O N N E L C E N T E R
R A N D O L P H AIR F O R C E B A S E T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCIDPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
2 8 MAY 1998
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.
Background: Public Law (PL) 92-425, which established the SBP, required the spouse
to be notified when a member declined or elected less than maximum spouse coverage.
Facts: Defense Finance and Accounting Sewice (DFAS) records indicate that the
member declined participation in the SBP prior to his 1 Jan 73 retirement. The member's
election form has npt been located and there is no evidence that the required notice was or
was not sent to the applicant. The member died on 24 Apr 96.
.. r' *
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 (CI. Ct. 1982; Dean v. U.S., 10 CI. Ct. 563 (1986); and Kelly v. U.S., 826 F.2d 1049
(Fed Cir. 1987). This case is essentially identical and the claimant has provided a notarized
statement attesting to the fact that she never received any notice of her husband's election,
nor is there a record that such notice was sent to her.
Recommendation: We recommend the decedent's records be corrected to show on
31 Dec 72 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
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...
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. 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. 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...
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).
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...
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. ...
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...
If the member does not elect former spouse coverage during the one-year eligibility period, that coverage may not be established thereafter. Although SBP premiums may continue to be deducted from the member's retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member's death e Facts: The member and applicant were married when the member elected spouse and child coverage, reduced annuity, prior to his 1 Apr 89 retirement. ...
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...
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...