RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03282
INDEX CODE: 137.00
COUNSEL: NONE
284-30-1352 HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 April 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former husband’s records be corrected to show that she is entitled
to a Survivor Benefit Plan (SBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
No one processed the request and no one let him know that the deed was
not done. He died 4 April 2005 and she applied for SBP and was turned
down. Someone did not do their job. All of the paperwork was sent
in. Marriage certificate, birthdate and social security number all
turned in.
In support of the appeal, applicant submits a copy of her former
spouse’s Death Certificate, a copy of their Marriage License, a copy
of the former member’s retirement order, two copies of the former
member’s DD Forms 214, a copy of a letter from Defense Finance and
Accounting Service (DFAS) Retired and Annuity Pay, seven letters and a
fax.
Applicant's submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member and the applicant were married on 24 March 1956.
The former member did not enroll in the RSFPP prior to his 1 August
1972 retirement, but elected child only SBP coverage during the Plan’s
initial open enrollment. There is no evidence the former member
elected SBP coverage on the applicant’s behalf during any of the
subsequent three SBP_ open enrollment periods conducted prior to his 4
April 2005 death.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT states that even though the former member submitted a
request to Defense Finance and Accounting Service - Cleveland Center
(DFAS-CL) in August 2004, requesting that the applicant be added to
his child only SBP coverage, DFAS-CL was not authorized to honor his
request, because there is no provision in the law to establish such
delayed coverage except during an open enrollment. The former member
had five opportunities to elect survivor protection for the applicant,
but failed to do so. 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, and to other widows whose sponsors chose
not to participate, to provide entitlement to this widow on the basis
of the evidence presented. Therefore, they recommend denial of
applicant’s request.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The widow of the former member provided a statement saying her husband
was not notified that DFAS-CL was not authorized to honor his request.
He requested information concerning the correct procedure to follow
in order to enroll her in the SBP program. She sent the information.
She is not trying to get something for nothing. Her husband always
believed the Air Force always takes care of its own. Well, it sure
has let him down now. She hopes the decision is reconsidered.
Applicant's complete response, with attachments, is attached at
Exhibit E.
_________________________________________________________________
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
and adopt their rationale as the basis for the 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
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 this application in
Executive Session on 10 February 2006, under the provisions of AFI 36-
2603:
Ms. Kathy L. Boockholdt
Ms. Janet I. Hassan, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRT, dated 29 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 05.
Exhibit E. Applicant’s Response, undated, w/atchs.
KATHY BOOCKHOLDT
Panel Chair
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