- 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO: 9 8 - 0 0 4 1 2   DEc  11 m COUNSEL: None 

t9% 

HEARING DESIRED: Yes 

Applicant requests benefits from the Survivor Benefit Program and 
her late husband's life insurance policy.  Applicant's submission 
is at Exhibit A. 

The appropriate  Air Force offices evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit B).  The  advisory opinions were 
forwarded to the applicant  for review and response  (Exhibit C). 
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.  The facts and 
opinions stated in the  advisory opinions appear to be  based  on 
the evidence of record and have not been sufficiently 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 documentation provided with this case was sufficient to give 
the  Board  a  clear  understanding  of  the  issues  involved  and  a 
personal  appearance, with  or  without  legal  counsel, would  not 
have  materially  added  to  that  understanding.  Therefore,  the 
request for a hearing is not favorably considered. 

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  Ms. Ann  L. Heidig  considered  this application on 
2 7   October  1 9 9 8   in accordance with  the provisions of  Air  Force 
Instruction 36-2603, and the governing statuw, 10, U.9.C. 1552. 

P 

Pa el Chair 
/ 

Exhibits: 
A.  Applicant's DD Form 1 4 9  
B.  Advisory Opinions 
C.  AFBCMR Ltr Forwarding Advisory Opinions 
D.  Applicant's Response 

. 

i 

- - 

550 C Street West, Suite 14 
Randolph AFB TX 78150-4716 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPWCS 

D E P A R T M E N T  O F  THE AIR  F O R C E  

HEADQUARTERS AIR  FORCE PERSONNEL  CENTER 

RANDOLPH AIR  FORCE  BASE  TEXAS 

6 April 1998 

SUBJECT: Application for Correction of Military Records- 

REQUESTED ACTION:  The applicant, -widow 

of TSgt 
,  has  requested information on the status of her husband's life 

BASIS FOR REQUEST:  The applicant claims the insurance policy was with the 
military and closed for reason unknown to her in 1982. 

DISCUSSION:  Upon receipt of the DD Form 149, Application for Correction of 
Military Record, this  office contacted the Veterans Affairs  Regional Office,  and 
Insurance Center, in Philadelphia,  PA.  -informed 
us 
that  there  was  a  National  Servicemen's  Life  Insurance  (NSLI)  policy  until 
19 January 1981. 

RECOMMENDATjON:  Board  refer applicant to  the  Veterans Affairs  Regional 
Office and  Insurance Center,  P.O.  Box 42954,  Philadelphia, PA  19101,  1-800- 
41 9-1473, for further information on the NSLI policy. 

Q&m%@J3* 

RODNEY  . OUIMElTE, SM  gt, USAF 

Chief, Casualty Field Operations 

980041 2 
.~ ......  . . . 

.- 

DEPARTMENT  O F  THE 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  FORCE B A S E  T E X A S  

MEMORANDUM FOR AFBuMR 
FROM: HQ AFPCIDPPTR 

550 C Street West Ste -l I 
Randolph AFB TX  78150-4713 

SUBJECT  Application for Correction of Military Records 

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 Rewest:  The applicant claims her husband thought she would automatically 

receive his pension upon his death. 

Background: 

a.  Survivors of military retirees may continue to receive a portion of the member‘s 

retired pay only if they participated in one of the annuity plans sponsored by the Department of 
Defense.  There is no legal authority for the Air Force to pay the survivor an annuity if the 
member did not choose to provide coverage on the survivor’s behalf. 

b.  Public Law (PL) 87-381, which established the Retired Serviceman’s Family 

Protection Plan (RSFPP), was in effect when the member retired.  Members were briefed and 
required to make their RSFPP elections before completing 18 years of setvice, but spousal 
notification or concurrence was not required. 

c.  Public Law (PL) 92-425, which established the SBP on 21 Sep 72, authorized an 
18-month enrollment period for retired members to elect SBP coverage.  PLs 97-35 and 
101-189 later authorized two additional open enrollment periods:  1 Oct 81 - 30 Sep 82 and 
1 Apr 92 - 31 Mar 93, respectively. There were no provisions in the law during these 
enrollment periods which required the spouse of a retired member to be notified if the member 
did not elect coverage. 

Facts: 

a.  Defense Enrollment Eligibility Reporting System (DEERS) records indicate the 

decedent and applicant were married on 23 Apr 55.  Pay records verify that the member 
elected child only RSFPP coverage prior to his 1 Sep 65 retirement.  RSFPP costs and 
coverage terminated effective Dec 76 due to loss of eligible beneficiaries. 

b.  The decedent failed to elect SBP coverage for the applicant during any of the three 
congressionally approved SBP open enrollment periods.  During ail open enrollment periods, 
members were advised by direct mail of their eligibility to make an election.  The enrollment 

980041 2 

packets, as well as the retiree newsletters published during those time frames (also sent by 
direct mail), contained points of contact for members to use to gain additional information.  The 
enrollment packets were mailed to the member's  correspondence address maintained by the 
Air Force Accounting and Finance Center (AFAFC), the address at which the applicant 
continues to reside.  Records indicate the decedent submitted an election to decline coverage 
in the SBP during the Plan's initial enrollment period and there is no record he returned an 
election form during the other two enrollment periods.  He died on 3 Nov 96. 

Discussion:  SBP is similar to commercial life insurance in that an individual must elect 

to participate and pay the associated premiums in order to have coverage.  It would be 
inequitable to those members who chose to participate when eligible and subsequently 
received reduced retired pay, and to other widows whose sponsors chose not to participate, to 
provide entitlement to this widow on the basis of the evidence presented. 

Recommendation:  There is no evidence of  an Air Force error or injustice in this case 
and we recommend the requested relief be denied.  However, if the decision is to grant relief, 
the decedent's record should be corrected to show on 21 Sep 72 he made an SBP election for 
spouse only coverage based on full retired pay.  Approval should be contingent upon the 
recoupment of premiums the decedent would have paid if he had made the election at that 
time. 

@&Q& 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate Pers Prog Management 

980041 2 
- . . . . . . . . .