RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02550
INDEX NUMBER: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
The applicant’s widow requests that she be allowed to participate
in the Survivor Benefit Plan (SBP) and to pay for the last four
months of the required two-year survival period. Applicant's
submission is at Exhibit A.
Public Law (PL) 101-189 established a minimum SBP annuity for a
limited specific group of survivors – annuity, certain military
surviving spouses (ACMSS) – also referred to as “forgotten widows,”
those unremarried surviving spouses of members, who retired prior
to 21 Sep 72, the SBP’s initial open enrollment, and died prior to
21 Mar 74. The $165 monthly special annuity became effective
1 Dec 97 for surviving spouses, who qualified and applied for the
benefit.
The appropriate Air Force office evaluated applicant's request and
provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response, within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 opinion appear to be based on the
evidence of record and have not been 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 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 available at the time the application was
filed.
Members of the Board, Mr. David C. Van Gasbeck, Ms. Patricia D.
Vestal, and Mr. Michael J. Novel, considered this application on
20 November 2001 in accordance with the provisions of Air Force
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552.
DAVID C. VAN GASBECK
Panel Chair
Exhibits:
A. Applicant's DD Form 149, w/atchs
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
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 appropriate office of the Air Force, which is at Exhibit C. AIR FORCE EVALUATION: HQ AFPC/DPPTR states that in the past, DPPTR recommended favorable consideration in cases in which the widow petitioners claim they were not notified of their sponsor's SBP election and The Air Force had no evidence to refute their claims. The...
_________________________________________________________________ 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 appropriate office of the Air Force, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPTR states that in the past, DPPTR recommended favorable consideration in cases in which the widow...
AF | BCMR | CY2002 | BC-2002-00038
Public Law (PL) 92-425, which established the SBP on 21 September 1972, authorized an 18-month enrollment period for retired members to elect SBP coverage. There were no provisions in the laws during either of these open enrollment periods requiring the Services to notify a spouse if the member did not enroll. 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 and adopt their...
Public Law (PL) 92-425, which established the SBP on 21 September 1972, authorized an 18-month enrollment period for retired members to elect SBP coverage. There were no provisions in the laws during either of these open enrollment periods requiring the Services to notify a spouse if the member did not enroll. 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 and adopt their...
The service member and G. (the applicant) were married on 14 Sep 94; however, the service member did not notify DFAS of the change in his martial status nor did he request to establish coverage for his new spouse. On 21 Feb 01, the service member's former spouse (M.) submitted a request for correction of his military records to entitle her to an SBP annuity. The beneficiary form that the applicant refers to was to entitle her to the service member's unpaid retired pay, not as a beneficiary...
- 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...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant’s response to the advisory opinion is at Exhibit E. 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.
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 appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). Applicant’s response to the advisory opinion, with attachments, is at Exhibit E. 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 Board staff is directed to inform applicant of this decision.
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...