ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02070
INDEX CODE: 137.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s records be changed to show he elected Survivor
Benefit Plan (SBP) coverage for her.
_________________________________________________________________
STATEMENT OF FACTS
On 2 December 2004, the applicant's original request was considered
and denied by the Board. Her contention was that her spouse had filed
an election for SBP. ARPC/DPP provided an advisory on the case that
indicated they had not received an election application from the
member. For an accounting of the facts and circumstances surrounding
the applicant’s request and the rationale of the earlier decision by
the Board, see the Record of Proceedings at Exhibit E.
On 18 January 2005, the applicant submitted a request for
reconsideration through her congressman contending, according to law
she should have been notified either that her spouse did not make an
SBP election or that he had applied for a less than full coverage
election. To support her request, she provides a personal statement,
and a copy of the instructions for completing DD Form 1883, Survivor
Benefit Plan Election Certificate.
Applicant’s complete submission, with attachments, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After again thoroughly reviewing
the circumstances of this case, it is our opinion that favorable
consideration of the applicant’s request is warranted. We are aware
of the United States Court of Federal Claims rulings in which cases
where surviving spouses who are not given proper notice of their
spouse’s declination of RCSBP are entitled to RCSBP. We note that the
Air Force has indicated that there is no record the applicant was
provided with the required notification. Since there is no evidence
the applicant was properly advised of her spouse’s decision not to
elect coverage, as required, we recommend her husband’s service record
be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to Applicant, be corrected to show that on 3 December 1978,
he accomplished a valid Reserve Component Survivor Benefit Plan
election authorizing reduced, spouse only coverage based on $300,
naming Spouse as the eligible beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2004-02070 in Executive Session on 1 March 2005, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Michael J. Novel , Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 7 December
2004, with exhibits A through D.
Exhibit F. Letter from C/M Deal, dated
6 Jan 05, w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of The Assistant Secretary
AFBCMR BC-2004-02070
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 3 December
1978, he accomplished a valid Reserve Component Survivor Benefit Plan
election authorizing reduced, spouse only coverage based on $300, naming
Spouse as the eligible beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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