RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01319
INDEX CODE 137.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s records be corrected to show she is entitled to
a Survivor Benefit Plan (SBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her request should be considered to receive an annuity under the
Retired Serviceman's Family Protection Plan (RSFPP) or Survivor
Benefit Plan (SBP) annuity.
In support of her request, she submits a copy of her deceased
husband's certificate of death and VA Form 21-534, Application for
Dependency and Indemnity Compensation, Death Pension and Accrued
Benefits by A Surviving Spouse or Child.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The RSFPP was in effect prior to the implementation of the SBP.
Members were briefed and required to make their RSFPP elections before
completing 18 years of service. At that time, the spouse notification
was not required.
Applicant and deceased member were married on 8 August 1946. 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. The member died on 18 March 1982.
_________________________________________________________________
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. The member had an opportunity to elect SBP coverage for
the applicant but failed to do so. 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. The applicant does not
explain delaying over twenty years since the member's death in seeking
correction. 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. However, if the decision of the Board is to grant relief,
the decedent's record should be corrected to show that on 21
September 1972 he made an SBP election for spouse only coverage based
on full retired pay. Approval should be contingent upon the recovery
of premiums the decedent would have paid if he had made the election
at that time.
AFPC/DPPTR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 10
May 2002 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. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that deceased member’s records should be altered so that she
would receive an SBP annuity. 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 recommendations of the Air Force
and adopt the rationale expressed as the basis for our decision that
the applicant has failed to sustain her burden of having suffered
either an error or an injustice. In view of the above and absent
persuasive evidence to the contrary, 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 Docket Number 02-01319
in Executive Session on 16 August 2002 under the provisions of AFI 36-
2603:
Mrs. Barbara A. Westgate, Chair
Mr. Joseph A. Roj, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 2 May 02.
Exhibit C. Letter, SAF/MRBR, dated 10 May 02.
BARBARA A. WESTGATE
Chair
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