RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00463
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands record be corrected to reflect that he elected
Survivor Benefit (SBP) Plan spouse coverage at the time of his
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She believed that receiving SBP at the time of her husbands
death was automatic. She never received any counseling,
documents, or information about SBP.
In support of her appeal, the applicant provides copies of her
marriage certificate and the members death certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts, extracted from the applicants military
service records, are contained in the evaluation provided by the
Air Force office of primary responsibility at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states there is no error
or injustice in this case. The applicant and the decedent were
married on 20 April 1968; however, the decedent declined SBP
coverage prior to his 1 April 1992 retirement, and the applicant
concurred with his election. 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 member could have elected SBP coverage on
the applicants behalf during open enrollment periods authorized
by Public Laws 105-261 and 108-375, but he failed to do so. The
member died on 5 January 2011.
DPSIAR indicates that the applicants claim that she never
received any counseling, documents, or information about the SBP,
is without merit. The Air Force Form 1267, SBP Notification and
Concurrence, Section II, states a letter was sent informing her
of SBP options on 29 January 1992. The applicants signature in
Section II of the Air Force Form 1267, dated 30 March 1992,
confirms she concurred with the members decision to decline SBP
coverage. It would be inequitable to other widows, who also
concurred with their sponsors election to decline coverage, to
grant this widow another opportunity to obtain SBP coverage after
the death of the member.
The complete DPSIAR evaluation, with attachments, is at Exhibit
B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
If by signing the Air Force Form 1267 meant that she had been
counseled or briefed on the SBP and notified what she was
signing, that is incorrect. She did not receive any briefing or
counseling of the SBP. Also, if signing the Air Force Form 1267
meant she was concurring with the election of her husbands
decision to decline the SBP annuity, she was not made aware of
this, and she was not aware that by signing the form it meant she
would not receive the SBP annuity. In addition, the advisory
opinion states the Air Force Form 1267 indicates she received a
spouse notification letter; however, this is not correct as she
never received it. As far as the open enrollment period
announcements being sent by letter and being advertised, she
never received those either. Even if they had been received,
they would not have been acted upon as her knowledge has always
been that she was covered/enrolled in the SBP and that she would
receive the SBP annuity upon her husbands death.
The applicant complete rebuttal is at Exhibit D.
_________________________________________________________________
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 Docket Number BC-
2011-00463 in Executive Session on 20 September 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-00463:
Exhibit A. DD Form 149, dated 3 Feb 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 7 Mar 11.
Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11.
Exhibit D. Letter, Applicant, dated 4 May 11.
Panel Chair
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