RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00713
INDEX NUMBER: 137.01
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Applicant is the widow of the former servicemember who requests
correction of her husband’s records to reflect he elected survivor
coverage in her behalf under the Survivor Benefit Plan (SBP) and
that the debt for the monthly premiums that would have accrued from
the time of his retirement until his death be forgiven.
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter
prepared by the Air Force office of primary responsibility.
Accordingly, there is no need to recite these facts in this Record
of Proceedings.
AIR FORCE EVALUATION:
The Retiree Services Branch, AFPC/DPPTR, reviewed this application
and recommended denial. They stated, in part, that Defense Finance
and Accounting Service (DFAS) records indicate that the former
servicemember declined participation in the SBP prior to his
1 February 1978 retirement, but there is no record of the required
spouse notification. The member died on 24 April 1986.
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 F2d.651 (Cl. Ct. 1982; Dean v.
U.S., 10 Cl. Ct. 563 (1986); and Kelly v. U.S., 826 F.2d 1049 (Fed
Cir. 1987). However, the applicant must swear under penalty of
perjury that she did not receive the notification letter. The
applicant has not provided such a statement.
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 19 July 1999 for review and comment within 30 days. As of this
date, 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. We took
notice of the applicant's complete submission in judging the merits
of the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
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 10 Mar 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 29 Jun 99, w/atch.
Exhibit D. Letter, SAF/MIBR, dated 19 Jul 99.
BARBARA A. WESTGATE
Panel Chair
On 22 Apr 02, DPPTR sent a letter to the applicant requesting that she provide a sworn, notarized statement in which she attested that she did not receive notification that her husband had declined SBP coverage at the time of his retirement and that she provide a statement acknowledging and understanding that, if her husband's records are changed, the unpaid contributions (approximately $27,660) will be collected from any annuity payment she would be entitled to receive. The...
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. ...
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).
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. The servicemember died on 5 August 1985, but the applicant did not apply for the...
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.
On 12 Jun 73, the deceased member submitted an SBP election statement during the initial enrollment period, declining coverage. 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. 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.
AF | BCMR | CY1999 | BC-1997-01560
We recognize that the applicant did not provide evidence that the former servicemember’s common-law marriage was legally dissolved. Accordingly, we recommend that the records be corrected as indicated below. Exhibit B.
We recognize that the applicant did not provide evidence that the former servicemember’s common-law marriage was legally dissolved. Accordingly, we recommend that the records be corrected as indicated below. Exhibit B.