RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00138
INDEX NUMBER: 137.00
COUNSEL: NONE
HEARING DESIRED: YES
__________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant is the former spouse of the deceased member, who is requesting
corrective action to show the member provided coverage on her behalf under
the Survivor Benefit Plan (SBP).
__________________________________________________________________
APPLICANT CONTENDS THAT:
She was not told, signed, or had any paperwork notarized stating that she
would not receive survivor benefits. She claims the member stated that
she would receive survivor benefits.
In support of her appeal, the applicant submits a copy of the Divorce
Decree and a copy of the member’s Death Certificate.
Applicant’s complete submission, with attachments, is at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
The former member and the applicant were married on 30 November 1957. At
the time of his retirement, 1 November 1980, the member declined SBP
coverage. The parties divorced on 12 October 1983. The member died on 29
July 2003.
__________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends denial, stating there is no evidence of Air Force
error or injustice in this case. The law at the time of the member’s
retirement did not require the spouse to concur in the election. While
the member may have told the applicant that she would receive the SBP, he
did not elect SBP coverage on her behalf. 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 member could have
elected former spouse SBP coverage on the applicant’s behalf during both
the 92-93 and 99-00 open enrollment periods, but he did not.
A complete copy of the evaluation is at Exhibit C.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20
Feb 04 for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit D).
__________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was 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 recommendation of the Air Force office of primary
responsibility 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.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue(s) involved. Therefore, the request
for a hearing is not favorably considered.
__________________________________________________________________
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 Docket Number BC-2004-00138
in Executive Session on 14 April 2004, under the provisions of AFI 36-
2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Michael J. Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jan 04, w/atchs
Exhibit C. Letter, AFPC/DPPTR, dated 13 Feb 04
Exhibit D. Letter, SAF/MRBR, dated 20 Feb 04
ROSCOE HINTON JR.
Panel Chair
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