RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01730
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be provided corrective action that would permit him to provide
spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
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 the member’s claim that he had elected SBP for
his previous spouse is not accurate. The record reflects he declined
SBP coverage during the initial opportunity and there is no evidence
he submitted an election during later open enrollments. 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. It would be inequitable to those members who chose to
participate when eligible and subsequently received reduced retired
pay to permit this applicant an additional opportunity to provide SBP
coverage. Retroactive costs approximate $40,000 plus interest.
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:
On 28 June 2002, a complete copy of the Air Force evaluation was
forwarded to the applicant for review and response 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 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 13 May 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 20 Jun 02.
Exhibit D. Letter, AFBCMR, dated 28 Jun 02.
BARBARA A. WESTGATE
Chair
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. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states that SBP is similar to commercial life insurance...
_________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPTR recommends the application be granted and states, in part, that although there is no error, to preclude a possible injustice, they recommend the member’s records be corrected to reflect his spouse coverage was suspended effective 22 September 1983, and on 1 March 1986, he elected to change his SBP spouse and child coverage to former spouse coverage based on the previous reduced level of...
AF | BCMR | CY2002 | BC-2002-01316
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01316 COUNSEL: TIM BIRNIE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late former husband’s records be corrected to show that he elected to continue to provide Survivor Benefit Plan (SBP) coverage naming her as beneficiary. _________________________________________________________________ AIR FORCE...
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...
_________________________________________________________________ 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.
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommends the application be denied and states, in part, that there is no evidence the service member attempted to establish former spouse SBP coverage on the applicant’s behalf within the time allowed. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. Exhibit E. Letter, Counsel, dated 20 May 02, w/atchs.
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...
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...
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...