RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02055
INDEX CODE: 137.04
(DECEASED) COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s records be corrected to show that he elected to
participate in the Retired Serviceman’s Family Protection Plan
(RSFPP).
________________________________________________________________
APPLICANT CONTENDS THAT:
Her deceased husband made the election to participate in the RSFPP
upon retirement and on previous dates. He elected to have her receive
benefits under the RSFPP.
Applicant's complete submission is attached at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
deceased member’s military records, are contained in the letter
prepared by the appropriate office of the Air Force attached at
Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR indicated that microfiche records from the Air Force
Accounting and Finance Center from December 1978 (the oldest retired
pay records in existence) show no deductions from the former
servicemember’s retired pay for RSFPP coverage. The records also show
he returned a form declining participation in the Survivor Benefit
Plan (SBP) on the applicant’s behalf during the initial open
enrollment period (21 September 1972 - 20 March 1974). The decedent
retired effective 1 June 1970. DPPTR cannot determine if the
decedent’s RSFPP was or was not properly established when he retired.
However, he was not a participant at the time of his death on 9 April
1984. The RSFPP election form provided by the applicant reflects he
elected spouse and child coverage with Option 4. Therefore, it is
reasonable to assume he exercised his right to permanently terminate
the RSFPP coverage he originally elected. Retirees were not required
to return an SBP election form; however, the decedent’s intent to not
extend SBP coverage was apparent by his submission of a form declining
SBP coverage.
DPPTR recommended that the request be denied. However, if the Board
recommends granting the request, the decedent’s record should be
corrected to show RSFPP spouse and child coverage based on one-half of
his retired pay was established effective 1 June 1970.
A complete copy of the evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and stated that if the
premiums were not deducted, the error was on the part of the Air
Force, not her deceased husband. She does not agree that he elected
to terminate the coverage and requested copies of any records
indicating he did.
Applicant's complete response is attached at Exhibit E.
________________________________________________________________
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. After a thorough review
of the evidence of record and the applicant’s submission, we are not
persuaded that her late husband’s records should be corrected so that
she may receive an SBP annuity. Microfiche of the deceased member’s
pay records indicates no deductions for RSFPP coverage and that SBP
coverage was declined, as shown by the “D” in the SBPIC column. The
applicant’s 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 her late husband’s intent not to
extend SBP coverage was apparent by his submission of the form to
decline SBP coverage. Therefore, without evidence to the contrary
that the applicant has suffered an error or an injustice, 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 November 2001, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated Jul 2001, w/atchs.
Exhibit B. Deceased Member’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 22 Aug 2001.
Exhibit D. Letter, SAF/MIBR, dated 31 Aug 2001.
Exhibit E. Letter, Applicant, dated 11 Sep 2001.
DAVID C. VAN GASBECK
Panel Chair
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.
Even though the applicant and the decedent were married at the time of his retirement (1 Apr 91), records indicate that the applicant’s valid concurrence in the decedent’s SBP election was obtained prior to his retirement. Subsequently, the decedent was eligible to provide coverage for the applicant during two SBP open enrollment periods authorized by Public Laws (PLs) 101-189 and 105-126 (1 Apr 92 – 31 Mar 93 and 1 Mar 99 – 29 Feb 00, respectively). We took notice of the applicant's...
AF | BCMR | CY2003 | BC-2003-01398
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR indicates that the Survivor Benefit Plan (SBP) was established by Public Law (PL) 92-425 on 21 September 1972, authorizing a one-year open enrollment period for servicemembers to elect coverage. However, if the Board recommends granting the request, the servicemember’s record should be corrected to show the servicemember elected SBP spouse only coverage based on full retired pay effective 21...
AF | BCMR | CY2003 | BC-2003-02187
AFPC/DPPTR also states that there is no evidence in the servicemember’s records to indicate that he elected to participate in the RSFPP or SBP during any of the authorized enrollment periods. A complete copy of the Air Force evaluation is at Exhibit B. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant...
AF | BCMR | CY2003 | BC-2003-02384
AFPC/DPPTR also states that there is no evidence in the servicemember’s records to indicate that he elected to participate in the RSFPP or SBP during any of the authorized enrollment periods. A complete copy of the Air Force evaluation is at Exhibit B. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant...
AF | BCMR | CY2003 | BC-2002-03271
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03271 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husband's records be corrected to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) and any SBP premium payments due be waived. ...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02770 INDEX CODE: 137.04 (DECEASED) COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The Survivor Benefit Plan (SBP) election be changed from spouse only coverage to spouse and children coverage, based on full retired pay. With respect to the question concerning the recoupment of premiums for spouse only...
They stated the laws controlling the SBP preclude a married member, who declined spouse coverage at the time of retirement, from providing SBP former spouse coverage following divorce unless Congress authorizes an open enrollment. A complete copy of the evaluation is at Exhibit B. 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...
However, the law provides two mechanisms for changing spouse coverage to former spouse coverage, which must be exercised within the first year following divorce. If neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. The decedent and the applicant were married on 28 Dec 83; in Sep 85, the decedent notified the finance center of the change in his marital status and spouse...
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...