RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02783
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
As the sister of the now deceased retired member, his record be
changed to entitle her to a Survivor Benefit Plan (SBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She claims her now deceased brother had signed her up for the annuity.
In support of her appeal, the applicant has provided her brother’s
death certificate.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member and his spouse were married on 14 March 1961 and he elected
coverage for her under the Retired Serviceman’s Family Protection Plan
prior to his 1 March 1972 retirement. He elected full spouse coverage
during the Plan’s initial enrollment period authorized by Public Law
(PL) 92-425. His spouse died on 30 August 1985 and coverage and
premiums under SBP were suspended and RSFPP was terminated. The
member remarried on 9 November 1986 and SBP was reinstated on her
behalf. They divorced on 11 May 1992 and the finance center suspended
spouse SBP coverage and premiums at that time. He died on 28 August
2004.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. DPPRT contends the member was married
when eligible to elect SBP coverage, the statute did not allow him to
elect coverage for anyone other than his wife and/or children. The
applicant’s claim that the member signed her up as the SBP eligible
beneficiary is without merit, because there is no provision that would
have allowed him to do so. Therefore, there is no evidence of an Air
Force error or injustice in this case, nor any basis to grant relief.
DPPRT’s complete 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
21 October 2005 for review and comment 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 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 its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. The applicant’s claim that her brother signed her
up as the SBP eligible beneficiary is without merit as there is no
provision that would have allowed him 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-
2005-02783 in Executive Session on 10 February 2006, under the
provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated.
Exhibit B. Letter, AFPC/DPPRT, dated 13 Oct 05.
Exhibit C. Letter, SAF/MRBR, dated 21 Oct 05.
KATHY L. BOOCKHOLDT
Panel Chair
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