RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00771
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant, widow of the above-named retired member, is requesting
corrective action that would entitle her to a Surviror Benefit Plan
(SBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Election of children (disabled daughters) was made at time of
retirement. Retiree and spouse did not realize that other
governmental benefits (social security medical) would be reduced for
his disabled daughters and the family entitlements would be greatly
reduced.
In support of the appeal, applicant submits a personal statement, six
character references, a copy of the Certificate of Death, a copy of
the former member’s DD Form 2656.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Defense Enrollment Eligibility Reporting System (DEERS) records show
that the applicant and the member were married on 16 March 1974. The
member elected child only SBP coverage based on full retired pay and
the applicant concurred in the election prior to his 1 February 1994
retirement. The records properly reflect his daughters (S--- and K---
, dates of birth 21 August 1977 and 18 March 1981, respectively)
are incapable of self-support. There is no evidence the member
returned an SBP election to establish coverage on the applicant’s
behalf during the 1999-2000 open enrollment period. The premium for
child only coverage at the time of the member’s death was less than $3
per month. Coverage for the applicant with the eligible children as
contingent beneficiaries would have been approximately $83 per month.
The member died on 24 October 2001 and his daughters K--- and S--- are
each currently receiving a $364 monthly annuity.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states that while it is unfortunate that receipt of SBP
annuity payments may adversely affect K--- and S---‘s state benefits,
there is no provision in the law to terminate coverage based on this
circumstance. The member could have added the applicant to the Plan
during the 1999-2000 open enrollment period, but failed to do so. SBP
is similar to commercial life insurance in that an individual must
elect to participate and pay the associatged premiums in order to
provide coverage. It would be inequitable to those members who chose
to participate when eligible and subsequently received reduced retired
pay, and to other widows who concurred in their sponsor’s choice not
to elect spouse coverage, to provide entitlement to this widow on the
basis of the evidence presented. 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 2 May 2003, a 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 Force
and adopt their rationale as the basis for the 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 in
Executive Session on 26 June 2003, under the provisions of AFI 36-
2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. William H. Anderson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 25 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 2 May 03.
JOSEPH A. ROJ
Panel Chair
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