RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02384
INDEX CODE:137.00
(Deceased) COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late-husband records be corrected to reflect he elected Survivor
Benefit Plan (SBP) coverage to allow her to receive an annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She feels she is entitled to receive military retirement for a
surviving spouse. Her husband served 20 years in the Air Force and
was wounded in World War II. She is suffering from his failure to
enroll her in SBP.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and the servicemember were married on 25 October 1948.
The applicant retired 1 January 1965. There is no evidence the
servicemember elected coverage under the Retired Serviceman’s Family
Protection Plan (RSFPP) or during any of the open enrollment periods
for SBP for which he was eligible. He served 20 years, 2 months and
29 days of active service. The servicemember died on 4 March 1998.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR states that survivors of military retirees may continue to
receive a portion of the servicemember’s retired pay if the
servicemember was a participant in one the annuity plans offered by
the Department of Defense. There is no legal authority for the Air
Force to pay the survivor an annuity if the servicemember did not
choose to provide coverage on the survivor’s behalf. AFPC/DPPTR also
states that there is no evidence in the servicemember’s records to
indicate that he elected to participate in the RSFPP or SBP during any
of the authorized enrollment periods. AFPC/DPPTR finds no evidence of
error or injustice and therefore, recommends the requested relief be
denied.
A complete copy of the Air Force evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 15 August 2003, for review and response. 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 filed.
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 the recommendation of the Air
Force and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. SBP
is similar to commercial life insurance in that you must elect to
participate and pay the associated premiums in order to be covered by
the insurance. The servicemember had several opportunities to elect
SBP coverage and failed to do so. 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 AFBCMR Docket Number BC-
2003-02384 in Executive Session on 30 September 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jul 03, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 8 Aug 03.
Exhibit C. Letter, SAF/MRBR, dated 15 Aug 03.
DAVID C. VAN GASBECK
Panel Chair
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