RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-03330
INDEX NUMBER: 137.01
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant is the widow of the former servicemember who requests
corrective action that would entitle her to a Survivor Benefit Plan
(SBP) annuity.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her name was to replace her step-son’s when his name was removed
because of age.
Applicant’s complete statement and documentary evidence in support
of her appeal are at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The former servicemember retired for disability on 19 March 1968.
He elected full spouse and child coverage during the initial SBP
open enrollment period authorized by Public Law (PL) 92-425 (21 Sep
72 - 20 Mar 74). Spouse coverage and premiums were suspended
Jan 80 due to the loss of the spouse beneficiary. He married the
applicant on 14 August 1981; however, there is no record the
finance center was advised so that spouse coverage could be
reinstated on her behalf. The youngest child lost eligibility in
Jun 83 and all SBP premiums were suspended. The servicemember died
on 5 August 1985, but the applicant did not apply for the SBP
annuity within the time provided by the statute.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR reviewed this application and stated that because the
applicant’s eligibility was established on the first anniversary of
the marriage, a record correction is not necessary. Because more
than six years elapsed between the former servicemember’s death and
the applicant’s application for the annuity, the claim is barred by
the six-year statute of limitations.
The complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 30 March 1998 for review and comment within 30 days. Except for
a request for an extension of time to respond to the advisory
opinion, no response has been received by this office.
___________________________________________________________________
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 probable error or injustice warranting
corrective action. In this regard, we note that the applicant and
the former servicemember were married on 14 August 1981; however,
there is no record that the former servicemember advised the
finance center of the marriage so that spouse coverage could be
reinstated on the applicant’s behalf. Nevertheless, she became the
eligible beneficiary on the first anniversary of their marriage.
The former servicemember died on 5 August 1985; however, there is
no evidence of record that the applicant applied for the SBP
annuity within the six-year time period provided by the statute.
Therefore, in view of the foregoing, and in the absence of evidence
showing that the applicant submitted a valid application to the
appropriate officials for the SBP annuity within the required time
period provided by statute, we conclude that there is no basis upon
which to recommend favorable action on her request.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 20 April 2000, under the provisions of AFI 36-
2603:
Mrs. Barbara A. Westgate, Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 16 Mar 98, w/atch.
Exhibit D. Letter, SAF/MIBR, dated 30 Mar 98.
Exhibit E. Letter, Applicant, dated 14 Apr 98
Exhibit F. Letter, AFBCMR, dated 22 Apr 98.
Exhibit G. Letters, AFBCMR, dated 9 Jul 98 and 10 Dec 99.
BARBARA A. WESTGATE
Panel Chair
AF | BCMR | CY1999 | BC-1996-02679A
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 96-02679 INDEX NUMBER: 137.04 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Applicant is the widow of the former servicemember who requests that her husband’s Survivor Benefit Plan (SBP) former spouse coverage be changed to spouse coverage, naming her as the SBP beneficiary. ...
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 96-02679 INDEX NUMBER: 137.04 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Applicant is the widow of the former servicemember who requests that her husband’s Survivor Benefit Plan (SBP) former spouse coverage be changed to spouse coverage, naming her as the SBP beneficiary. ...
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AF | BCMR | CY1999 | BC-1997-01560
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- I I 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 - 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...