RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01940
INDEX CODE: 137.01
COUNSEL: JOHN K. COOK, VSO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to show her now deceased spouse elected
Survivor Benefit Plan (SBP) coverage for her.
_________________________________________________________________
APPLICANT CONTENDS THAT:
As the widow of her now deceased retired Air Force member, she should
be entitled to SBP benefits.
In support of her appeal, the applicant has provided a copy of a death
certificate.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member retired on 1 October 1966 and while there is no evidence of
his marital status at the time, there is no evidence he made a valid
election during the SBP’s initial open enrollment or during the first
year following his 1 August 1990 marriage to the applicant. He died
on 23 October 1994.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. DPPRT states the now-deceased member
had the opportunity to elect SBP coverage for the applicant during a
1992-1993 open enrollment period but failed to do so. An SBP
enrollment package and newsletters announcing the opportunity were
mailed to the address the retiree had provided to the finance center.
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 provide entitlement to this widow on the basis of the evidence
provided.
DPPTR’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
29 July 2005 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. The now-deceased member had two opportunities to
make a valid SBP election and did not 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-
2005-01940 in Executive Session on 27 October 2005, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atch.
Exhibit B. Letter, AFPC/DPPRT, dated 21 Jul 05.
Exhibit C. Letter, SAF/MRBR, dated 29 Jul 05.
MICHAEL K. GALLOGLY
Panel Chair
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