RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00488
INDEX CODE: 137.01
(DECEASED) COUNSEL: None
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
Her late husband’s records be corrected to show that he elected
Survivor Benefit Plan (SBP) coverage for her.
APPLICANT CONTENDS THAT:
Her late husband was not informed of the necessary enrollment in SBP
to ensure stabilization of income for widow. He would have
voluntarily done so if properly informed.
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
The deceased member and the applicant married on 5 Apr 54. Prior to
his retirement on 1 Jan 69, he completed a DD Form 418 (Data for
Payment of Retired Armed Forces Personnel) indicating he did not
elect Retired Serviceman’s Family Protection Plan (RSFPP).
On 12 Jun 73, the deceased member submitted an SBP election
statement during the initial enrollment period, declining coverage.
There is no evidence he responded to the two subsequent SBP open
enrollment periods. He died on 4 Jun 97.
The RSFPP required members to make their RSFPP elections before
completing 18 years of service. Spouse notification or concurrence
was not required. The RSFPP has several unattractive features and
less than 15 percent of members retired during its existence
enrolled.
Public Law (PL) 92-425, which established SBP on 21 Sep 72,
authorized an 18-month enrollment period for retired members to
elect SBP coverage. PLs 97-35 and 101-189 authorized two additional
open enrollment periods: 1 Oct 81 - 30 Sep 82 and 1 Apr 92 – 31 Mar
93, respectively. During all open enrollment periods, members were
advised by direct mail of their eligibility to make an election.
The enrollment packets, as well as the Afterburner, USAF News for
Retired Personnel, published during those timeframes, were sent by
direct mail to the member’s correspondence address maintained by the
finance center and contained points of contact for members to use to
gain additional information.
AIR FORCE EVALUATION:
The Retiree Services Branch, AFPC/DPPTR, reviewed this application
and indicated that microfiche records verify SBP enrollment packets
and newsletters were mailed to the decedent’s address he had
provided to the finance center at the time and neither were returned
for incorrect address. 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. DPPTR recommends
relief be denied.
A complete copy of the evaluation is attached at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and states that her
deceased husband drank all the time they were married. She really
believes that his mind was going. She gets only $600 a month and
that does not pay many bills.
In further support of her appeal, applicant submits a statement from
her daughter, brother-in-law, and a Medical Discharge Summary.
Applicant's complete response, with attachments, is attached at
Exhibit D.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. After a
thorough review of the evidence of record and applicant’s
submission, we are not persuaded that her late husband’s records
should be corrected to show that he elected SBP coverage for her.
Her contentions are duly noted; however, we do not find these
assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. We therefore
agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the applicant
has failed to sustain her burden that she has suffered either an
error or an injustice. Therefore, we find no compelling basis to
recommend granting the relief sought.
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 Air
Force Instruction 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Mike Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Feb 98, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 1 Jul 99.
Exhibit C. Letter, AFBCMR, dated 26 Jul 99.
Exhibit D. Letter fr applicant, undated, w/atchs.
BARBARA A. WESTGATE
Panel Chair
The evidence also establishes the deceased member’s efforts to provide the applicant with all the benefits she was entitled to as the spouse of a retired service member. Microfiche records verify SBP enrollment packets and newsletters were mailed to the address the decedent provided to the finance center during the 1981-1982 and 1992-1993 open enrollment periods. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states Public Law (PL) 99-145, established on 8 Nov 85, required as of 1 Mar 86 spousal concurrence of the SBP election, if the election was providing less than maximum spouse coverage. He declined SBP coverage prior to his 1 Apr 88 retirement. There is no evidence that the servicemember made an election for spouse coverage during either open enrollment period.
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. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR, reviewed this application and states that microfiche records verify SBP enrollment packets and newsletters mailed to the decedent during the 1981 - 1982 and 1992 - 1993 open enrollment periods were mailed to the decedent’s address...
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.
There were no provisions in the law at that time to notify spouses if the servicemember did not elect coverage. There is no evidence that the servicemember elected SBP during any of the authorized open enrollments. Exhibit C. Letter, SAF/MRBR, dated 26 Apr 02.
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states Public Law (PL) 99-145 (8 Nov 85 but effective 1 Mar 86) requires a spouse’s written concurrence be obtained whenever a married retiree elects less than full spouse SBP coverage. DPPTR further states that the applicant’s claim that her husband declined SBP coverage because he believed his retired pay would be offset by...
AF | BCMR | CY1999 | BC-1998-00419
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states Public Law (PL) 99-145 (8 Nov 85 but effective 1 Mar 86) requires a spouse’s written concurrence be obtained whenever a married retiree elects less than full spouse SBP coverage. DPPTR further states that the applicant’s claim that her husband declined SBP coverage because he believed his retired pay would be offset by...
The deceased member did not enroll in the RSFPP prior to his retirement on 1 June 1963 and did not elect coverage during the initial SBP enrollment. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommended denial and stated that there is neither evidence of error or injustice nor any basis in law to grant relief in this case. However, if the decision of the Board is to grant relief, the decedent's record should be corrected to show that...
AF | BCMR | CY2002 | BC-2002-01319
The deceased member did not enroll in the RSFPP prior to his retirement on 1 June 1963 and did not elect coverage during the initial SBP enrollment. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommended denial and stated that there is neither evidence of error or injustice nor any basis in law to grant relief in this case. However, if the decision of the Board is to grant relief, the decedent's record should be corrected to show that...
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...