RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01459
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be permitted to establish Survivor Benefit Plan (SBP) coverage for
his wife.
_________________________________________________________________
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 appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states that SBP is similar to commercial life insurance in
that an individual must elect to participate and pay the associated
premiums in order to provide coverage. If the applicant had elected
SBP spouse coverage when previously eligible, coverage would have been
suspended following his divorce and established for S--- on the first
anniversary of their marriage. It would be inequitable to those
members who chose to elect spouse coverage when eligible and
subsequently received reduced retired pay, to provide an additional
opportunity for this member to change his SBP election. Therefore,
they recommend denial of applicant’s request. A complete copy of the
evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and states that he
completed all the correspondence that was sent to him and returned it
to the Air Force Retirement Board. He asks that he be supplied with
proof of mailing that he was notified and he failed to respond. He
states, as a retired military person, he did not spend 20 years in the
Air Force to not read data sent to him and not to pay attention to
important details. Having been responsible for life and death
decisions and knowing that his actions or non action could mean the
difference between life and death. He has not been derelict in his
responsibilities to the Air Force nor to his wife. He has been
conscientious.
A copy of applicant’s letter 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 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 Staff
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 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 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 25 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/,DPPTR, dated 7 Jun 02.
Exhibit D. Letter, AFBCMR, dated 14 Jun 02.
Exhibit E. Applicant’s Letter, undated.
BARBARA A. WESTGATE
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 | CY2002 | BC-2002-00667
At the very least the retiree should be given the opportunity to accept or decline further SBP enrollment when the new spouse is enrolled in DEERS. In support of his appeal, the applicant submitted a letter from his spouse, his retiree account statements (dated 11 and 24 January 2002), and a letter from DFAS. _________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: Through his member of Congress, applicant provided a personal statement,...
The applicant submitted a copy of a 11 Jun 92 letter from the Office of Personnel Management (OPM) reflecting the service member elected her as his beneficiary and that she would be entitled to a survivor's annuity. The service member and the applicant's 20 Jun 00 divorce decree incorporated the previous property settlement, but specified that the benefit was incorrectly identified as "military retirement" and should reflect the service member's "Civil Service Retirement benefits." If the...
At the very least the retiree should be given the opportunity to accept or decline further SBP enrollment when the new spouse is enrolled in DEERS. In support of his appeal, the applicant submitted a letter from his spouse, his retiree account statements (dated 11 and 24 January 2002), and a letter from DFAS. _________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: Through his member of Congress, applicant provided a personal statement,...
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...
He was advised that his wife’s SBP annuity would be offset by DIC. ________________________________________________________________ STATEMENT OF FACTS: Prior to his disability retirement, effective 20 Jul 68, the applicant made an election under the RSFPP. However, his surviving spouse receives a refund of SBP premiums resulting from the reduction to the SBP annuity after the VA awards DIC.
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...
_________________________________________________________________ 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. 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 Staff and adopt their rationale as the basis for our conclusion that the applicant has not been the victim...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01259 INDEX CODE 137.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to establish Survivor Benefit Plan (SBP) coverage for his wife. The member's claim that he signed an "AF Form 10" requesting SBP coverage for his wife prior to retirement is without merit, since the form used to make an SBP...