RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02467
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His fathers record be corrected to show he notified the finance center immediately following the death of his wife to suspend his Survivor Benefit Plan (SBP) premiums.
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APPLICANT CONTENDS THAT:
His father suffered severe emotional disability upon his spouses death, requiring family members to handle his financial affairs. The family was unaware of the purpose of the SBP benefit that was being deducted from his monthly check.
In support of his request, the applicant provides copies of death certificates and VA Form 29-336b, Department of Veterans Affairs Designation of Beneficiary Government Life Insurance.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The decedent and his spouse were married on 16 October 1943.
The decedent retired on 1 July 1970 and did not elect spouse only SBP coverage.
The decedents spouse died on 26 July 2002.
The decedent died on 3 October 2009.
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AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states the service member did not notify the finance center of the change in his marital status when his spouse died and SBP premiums continued to be deducted from his retired pay. Her death did not become a matter of record until after the service members 3 October 2009 death. Upon receiving notification of both deaths, the DFAS Cleveland Center (DFAS-CL) suspended the service members spouse coverage retroactive to the date of death and issued his arrears of pay (AOP) beneficiary a refund of SBP premiums subject to the six-year statute of limitations as dictated by law.
The service members spouses death and his emotional disability are unfortunate, however, the applicant provides no medical documentation showing that the service member was incompetent for pay and records. Furthermore, retiree annual pay statements (RAS) with the breakdown of all deductions, to include SBP premiums and the name of the beneficiary, were mailed to the service member or family member handling his financial affairs. These statements contain telephone contact information. Since passage of PL 94-496 in October 1976, information has periodically been published in the Afterburner, USAF News for Retired Personnel, reminding retirees that SBP coverage will be suspended upon loss of the spouse beneficiary and that it is the retirees responsibility to ensure action is taken to properly update their benefits and entitlements. Approval of this request would provide the member an opportunity not afforded other retirees. There is no evidence of an Air Force error.
The DPSIAR complete evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 August 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response.
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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 an error or injustice. The applicants contentions are duly noted; 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.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2010-02467 in Executive Session on 15 March 2011, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02467 was considered:
Exhibit A. DD Form 149, dated 8 July 2010, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 18 August 2010.
Exhibit C. Letter, SAF/MRBR, dated 27 August 2010.
Panel Chair
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