RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02443
(DECEASED) COUNSEL: NONE
(APPLICANT)
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late spouses records be corrected to reflect that he made a
timely election for spouse coverage under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Their focus was on her husbands declining health and not
updating documents.
In support of the applicants appeal she provides copies of her
spouses death certificate, their marriage license and documents
extracted from his medical records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Prior to his 1 Sep 01 retirement, the member was unmarried and
elected child only SBP coverage based on full retirement pay.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states it is unfortunate
the service members health declined after his marriage; however,
there is no basis in law which would entitle the applicant to
SBP. Service members who are single when they retire, may elect
coverage for the first spouse acquired after retirement; however,
the election must be submitted before the first anniversary of
their marriage. If the previously single service member marries
after retirement and fails to elect SBP coverage within the
allotted period; the coverage under SBP cannot be elected for
that spouse or any spouse in the future unless Congress
authorizes an open enrollment. SBP is similar to commercial life
insurance in that an individual must elect to participate during
the opportunities provided by law and pay the associated premiums
in order to have coverage. To approve this request on the basis
of the evidence submitted 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.
The complete AFPC/DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Jan 11, 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 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 applicants complete submission, to include the
rebuttal response, in judging the merits of the case; however, we
agree with the opinion and the 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.
The applicants contentions are duly noted; however, the service
member failed to notify the finance center of the change in his
marital status, or elect spouse coverage for the applicant within
the first year of their marriage. Furthermore, the evidence
submitted does not reflect the service member was deemed
incapable of making a valid election for SBP coverage for the
applicant. While the applicants situation is unfortunate in the
absence of evidence of an error or an injustice on the part of
the Air Force, we find no basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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-2010-02443 in Executive Session on 26 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jun 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 5 Jan 11.
Exhibit C. Letter, SAF/MRBR, dated 28 Jan 11.
Exhibit D. Letter, Applicant, dated 6 Feb 11, w/atchs.
Panel Chair
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 | CY2008 | BC-2008-01092
The applicant and member were married again on 14 Feb 75, however he did not request SBP coverage be reestablished on the applicant's behalf within the first year of their marriage, or during subsequent open enrollment periods. The SBP Election Certificate, provided by the applicant reflects he elected spouse and child SBP coverage on 11 Jan 80; however, the election was invalid because it was not completed during the authorized open enrollment period of one year. Members who were...
AF | BCMR | CY2013 | BC 2013 01431
The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial, indicating there is no evidence of an error or injustice. The deceased former member retired on 31 May 96 and declined SBP coverage. The applicant became entitled to DIC...
AF | BCMR | CY2010 | BC-2010-04512
We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04512 in Executive Session on 4 Aug...
AF | BCMR | CY2012 | BC-2012-01796
Neither the decedent’s election form nor evidence that the required notice was or was not sent to the applicant could be located. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 June 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military...
AF | BCMR | CY2012 | BC-2012-03990
While it is unfortunate the service member failed to elect SBP coverage on the applicant's behalf five times, it would be inappropriate to provide an additional opportunity to elect SBP coverage, an opportunity not afforded to other surviving spouses similarly situated. Although the applicant believes her medical condition may have precluded the service member from electing SBP coverage, it is the responsibility of each service member to elect the SBP coverage that best suits his family...
AF | BCMR | CY2012 | BC-2012-02406
It would be inequitable to those members who chose to elect spouse coverage when eligible and subsequently received reduced retired pay, to provide an additional opportunity for this member to change his SBP election. It was not until June 2012 during his spouse's one-on-one SBP and VGLI briefings at the Pentagon that they clearly learned that SBP and VGLI were not combined programs. ________________________________________________________________ The following members of the Board...
AF | BCMR | CY2012 | BC-2012-00146
A retiring member may change his SBP election up to the date of separation. The member elected spouse and child SBP coverage based on full retired pay on 16 Jun 2011. However, on 30 Nov 2011, one day prior to his 1 Dec 2011 retirement, he changed his election to decline SBP coverage and his wife concurred with his election.
AF | BCMR | CY2013 | BC-2012-02486
If the member fails to elect SBP coverage for an eligible beneficiary within the time prescribed by law, coverage may be provided only in the event Congress authorizes open enrollment. He failed to submit a valid request to elect SBP coverage on the applicant’s behalf within the time prescribed by law. It is the member’s right and responsibility to elect SBP coverage for a spouse acquired after retirement.
AF | BCMR | CY2007 | BC 2007 03821
DFAS records reflect the decedent elected maximum child only SBP coverage prior to his 1 Sep 89 retirement. Records further contain an annotation that the applicant concurred with the members SBP election prior to his retirement. 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...