RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04376
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands record be corrected to show that he elected
Survivor Benefit Plan (SBP) spouse coverage.
________________________________________________________________
APPLICANT CONTENDS THAT:
Upon his retirement from the Air Force, the decedent was
divorced from his previous spouse and elected child only SBP
coverage.
The decedent applied for SBP spouse coverage when they were
married in 1981.
It was not until she spoke to the Casualty Assistance
Representative that she found out she was not covered nor were
there any SBP beneficiaries.
In support of her request, the applicant provides a copy of
their marriage certificate, a copy of the death certificate,
DD Form 2656-7, Verification for Survivor Annuity, Form W-4P, Withholding Certificates for Pension or Annuity Payments, and
FMS Form 2231, Direct Deposit.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Information submitted by the applicant reflects the decedent
retired from the Regular Air Force effective 1 August 1976 in
the grade of Technical Sergeant (TSgt) and died on
14 September 2011.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states: There is no
evidence of Air Force error or injustice in this case. The
decedent elected child only SBP coverage based on a reduced
level of retirement pay prior to his effective date of
retirement. The decedents youngest childs date of birth was
23 December 1965 and the child only coverage was suspended
effective 1 July 1992. The applicant provided a copy of her and
the decedents 14 February 1981 marriage certificate reflecting
the decedent was not divorced from his previous spouse until
11 January 1977. There is no evidence the decedent submitted an
open enrollment election to provide SBP coverage on the
applicants behalf during the open enrollment opportunities
authorized by Public Laws.
Title 10, USC Section 1448(a)(3)(A), permits a member, who is
not married at the time of retirement and who later marries, to
provide SBP spouse coverage within the first year of marriage.
However, absent irrefutable evidence the decedent was not
legally married on 1 August 1976, the applicants claim is
without merit. It is each members responsibility to ensure
required actions are taken to provide family members those
military benefits and privileges afforded to them. It would be
inappropriate to provide SBP coverage, an opportunity not
afforded to other surviving spouses similarly situated.
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 6 January 2012 for review and comment within
30 days (Exhibit C). As of this date, this office has not
received a 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 warranting
corrective action in regard to the decedents election of
Survivor Benefit Plan, spouse coverage. 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 this application
BC-2011-04376 in Executive Session on 15 August 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 11 October 2011, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 28 December 2011.
Exhibit C. Letter, SAF/MRBR, dated 6 January 2012.
Panel Chair
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