RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00189
INDEX CODE: 137.00
COUNSEL: NONE
(DECEASED) HEARING DESIRED: NO
(APPLICANT)
___________________________________________________________________
APPLICANT REQUESTS THAT:
She be entitled to receive her husbands Survivor Benefit Plan
(SBP) annuity.
___________________________________________________________________
APPLICANT CONTENDS THAT:
When her husband retired on 1 Dec 83 from the Air Force he did not
have any eligible dependents to participate in SBP. Subsequently,
they were married on 18 Dec 98; however, they did not know about
the plan.
In support of her request, applicant provides a copy of her
marriage certificate, a photo copy of their ID cards, a copy of her
husbands death certificate, and a copy of a letter from her
husbands commander.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The decedent enlisted in the Regular Air Force on 22 May 59. He
was progressively promoted to the grade of chief master sergeant
(E-9), having assumed that grade effective and with a date of rank
of 1 Apr 80.
The decedents records reflect he declined SBP coverage prior to
his retirement on 1 Dec 83. The former member and applicant
married on 18 Dec 98 and the former member died on 7 Oct 09.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states that although the
former member declined SBP coverage when he retired, regardless of
his marital status at that time, he could have elected SBP coverage
on behalf of the applicant during two open enrollment periods
authorized by Public Law, but he failed to do so. Therefore,
DPSIAR finds no evidence of an error or injustice in this case.
The DPSIAR 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 9 Apr 10 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. 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 AFBCMR Docket Number
BC-2010-00189 in Executive Session on 20 May 10, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence for Docket Number BC-2010-00189
was considered:
Exhibit A. DD Form 149, dated 11 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIAR, dated 26 Feb 10.
Exhibit D. Letter, SAF/MRBR, dated 9 Apr 10.
Panel ChairAF | BCMR | CY2007 | BC 2007 03362
The member and the applicant were allegedly married in Tijuana, Mexico on 8 Jun 82, and he elected spouse only coverage based on a reduced level of retired pay during the open enrollment authorized by Public Law (PL) 97-35 (1 Oct 81 30 Sep 82). The Air Force office of primary responsibility has recommended that we consider voiding the decedent's 23 Sep 82 election for SBP coverage for the applicant, suggesting that the "erroneous deductions of SBP premiums for spouse coverage be refunded...
AF | BCMR | CY2010 | BC-2010-04295
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04295 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to benefits under the Survivor Benefit Plan (SBP). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIAR did not provide a recommendation. The complete AFRBA Legal Advisor...
AF | BCMR | CY2011 | BC-2011-00699
Public Law (PL) 92-425, which established the SBP effective 21 Sep 72, required that the spouse be informed when a married member declined or elected less than maximum spouse coverage. In this case, as in all Barber cases, the facts are essentially the same: there is no record the required notice was sent to the applicant and the applicant has provided a sworn statement that the notification was not received. ____________________________________________________________ ____ THE BOARD...
AF | BCMR | CY2011 | BC-2011-02755
The U.S. Court of Claims has consistently ruled that widows of members retiring after SBP's implementation, who were not given notice of the sponsor's election, are entitled to full SBP coverage-Barber v. U.S., 676 F.2d 651 (CI. In this case, although this applicant claims she does not remember seeing the notification letter when the decedent declined SBP coverage prior to his retirement, clearly the spouse notification letter was sent to her by the Air Force as required by law. ...
AF | BCMR | CY2010 | BC-2010-02880
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02880 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased former spouses record be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ STATEMENT OF FACTS: The decedent and the applicant were...
AF | BCMR | CY2012 | BC-2012-01351
DPSIDAR states that there is no evidence of Air Force error in this case; however, in the absence of a competing claimant and to prevent a possible injustice, they recommend the decedent’s record be corrected to reflect he elected former spouse coverage based on full retired pay, naming APPLICANT as the former spouse beneficiary, effective 11 January 2005. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...
AF | BCMR | CY2010 | BC-2010-00291
The service member and the applicant divorced on 24 February 1999. AFPC/DPSIAR has provided an evaluation which states the decedent and the applicant were married and he elected spouse only SBP coverage. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00291 in Executive Session on 10 August 2010, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence...
AF | BCMR | CY2013 | BC-2012-01572
_________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband paid SBP premiums for his former spouse’s SBP coverage from January 1996 to June 2004, even though the former spouse remarried in September 2003 before her 55th birthday. The complete DFAS evaluation is at Exhibit B. Exhibit D. Letter, SAF/MRB Legal Advisor, dated 15 Nov 12, Exhibit E. Letter, AFBCMR, dated 4 Dec 12, w/atch.
AF | BCMR | CY2011 | BC-2011-00062
She indicates there is no evidence the deceased former member elected former spouse coverage for any of his former spouses. In Dec 92, DFAS received an SBP Open Enrollment Election form from the member requesting to change the applicants coverage from spouse to former spouse. A complete copy of the AFRBA Legal Advisor evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant contends...
AF | BCMR | CY2011 | BC-2011-00463
A copy of the SBP election, located in the members finance record, reflects the applicant signed a statement concurring in the members election, as required by Public Law 99-145. _________________________________________________________________ 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...