RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03097
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 24-month survival requirement in order for her to become entitled to a
Survivor Benefit Plan (SBP) annuity be waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She has been denied an SBP annuity for years because she was told there was
no record of her husband serving in the military.
In support of her request, applicant provided a personal statement, her
application for SBP annuity with attachments, a copy of her husband’s death
certificate, and a copy of her marriage certificate.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the information provided by the Air Force office of primary
responsibility, the former service member and the applicant were married on
13 Oct 57. He retired on 1 Jul 70. He did not elect SBP coverage during
the initial enrollment period (1972-1974). He submitted an election for
spouse coverage based on a reduced level of retired day during an open
enrollment period authorized by Public Law (PL) 97-35 (1 Oct 81 – 30 Sep
82). The effective date of his election was 28 Sep 82; however, the
election was voided by his 13 Jul 84 death. The decedent would have had to
live until 27 Sep 84 in order for the applicant to receive an SBP annuity.
All SBP premiums withheld from the decedent’s retired pay were refunded to
the applicant.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIAR recommends denial. DPSIAR states it is unfortunate the
service member passed away before fulfilling the survival requirement for
the SBP election he made. He had the opportunity to elect spouse coverage
during the initial enrollment period, but failed to do so. It has been 23
years since the former service member’s death. The applicant has not
provided an explanation for her delay in seeking a correction for the
annuity. Furthermore, there is no basis in law to waive the two-year
survival requirement.
The AFPC/DPSIAR 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 for
review and comment within 30 days on 7 Dec 07. 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 an error or an 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 failed to sustain her burden of proof of the existence 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.
_________________________________________________________________
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-2007-
03097 in Executive Session on 14 Feb 08, under the provisions of AFI 36-
2603:
Ms. Marcia Jane Bachman, Acting Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, not dated, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPRT, dated 15 Nov 07.
Exhibit C. Letter, SAF/MRBR, dated 7 Dec 07.
MARCIA JANE BACHMAN
Acting Panel Chair
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