RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 
DOCKET NUMBER: BC-2011-05023 
IN THE MATTER OF: 
COUNSEL: NONE 
   
   
HEARING DESIRED: NOT INDICATED 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her deceased husband’s records be corrected to show he made a 
timely election for spouse coverage under the Survivor Benefit 
Plan (SBP). 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
Her husband devoted his entire adult life to the United States 
Air  Force  and  retired  as  a  major  after  20  years.    In  all 
aspects,  he  was  meticulous  and  never  left  anything  to  chance.  
This was evident in his position as a Flight Manager for over 
20 years. 
 
If he had been informed of the qualifications for a spouse to 
receive full benefits and pension due him, we would have been 
married within the requirements the Air Force has set forth.  
 
Their  plans  were  to  legally  marry  in  the  spring  of  2012.  
However,  they  were  married  on  3  Jan  2011.    Her  husband  was 
confident  that  his  stellar  career  with  the  Air  Force  would 
ensure that she, as his spouse, would receive the best possible 
care  and  benefits.    It  is  evident  to  her  that  with  his  exit 
interview from the military, he was never informed of the one 
year  requirement,  especially  since  he'd  been  out  of  the 
military for over 20 years. 
 
They  were  older  when  they  met  and  did  not  see  the  need  or 
urgency to get married.  They were committed to each other and 
their  friends  and  family  also  recognized  them  as  a  married 
couple.    In  fact  he  would  introduce  her  as  his  wife.    He 
believed  and  told  her,  as  well  as  family  and  friends  that 
everything was in order and she would be taken care of. 
 
For one year he battled Stage IV cancer.  They were told he had 
a  99  percent  chance  of  survival  and  they  were  encouraged  by 
this news.  He endured two brain surgeries.  In Nov 2010 he had 
a  seizure  that  hospitalized  him.    On  17  Dec  2010,  they  were 
told he had only a few months to live.  
 
If they were aware that they had to be married for one year to 
be  eligible  for  the  SBP,  they  would  have  married  the  year 
before when they were told he had Stage IV cancer. 

 

 
In  support  of  her  request,  the  applicant  provides  letters  of 
support  regarding  their  marriage,  a  copy  of  their  marriage 
license, an "Order on Petition to Recognize a Relationship as a 
Marriage," dated 6 Dec 2011, and retirement orders. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_______________________________________________________________ 
 
STATEMENT OF FACTS: 
 
Survivors  of  military  retirees  may  continue  to  receive  a 
portion of the sponsor's retired pay only if the member was a 
participant  in  the  SBP.    The  law  contains  no  automatic 
enrollment  provision  for  a  spouse  acquired  after  retirement 
unless  spouse  coverage  was  previously  elected,  then  suspended 
due to the death or divorce of the previous spouse.  The SBP is 
similar to a commercial insurance program in that it requires 
the  member  to  enroll  and  pay  associated  premiums  in  order  to 
provide an annuity to survivors. 
 
A  member,  who  is  unmarried  at  retirement,  may  elect  coverage 
for  the  first  spouse  acquired  after  retiring.    However,  the 
election  must  be  made  before  the  first  anniversary  of  that 
marriage.    If  a  member  fails  to  make  an  election  before  the 
first  anniversary,  SBP  coverage  for  that  person  or  another 
person  of  that  category  may  be  elected  only  if  Congress 
authorizes an open enrollment period. 
 
Title 10, United States Code, Section 1447 (7A) defines a widow 
to be the surviving wife of a person "who was married to him 
for at least one year immediately before his death."  In order 
for a spouse, who married a member after his/her retirement, to 
be considered eligible for the SBP annuity, the post-retirement 
marriage  must  endure  for  one  full  year  from  the  date  of 
marriage.  In the event the new spouse becomes a parent of a 
child born of that marriage, if born sooner than one year after 
the  date  of  the  marriage,  the  spouse's  eligibility  begins  on 
the date of the child's birth. 
 
______________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ AFPC/DPSIAR recommends denial.  DPSIAR states, the records 
reflect  the  member  was  unmarried  and  elected  child  only 
coverage  based  on  full  retired  pay  prior  to  his  1  Aug 
1988 retirement.    The  youngest  child  lost  eligibility  in  Jul 
2008 due to age.  The member and the applicant married on 3 Jan 
2011 and he died on 25 Jan 2011, eleven months before the end 
of their first year of marriage. 
 

 

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The  applicant's  request  contains  a  copy  of  the  "Order  on 
Petition to Recognize a Relationship as a Marriage," which was 
approved by the District Court of Utah on 2 Dec 2011.  However, 
the court order does not specify the date the relationship was 
considered a marriage. 
 
The applicant was not married to the member for one full year 
prior  to  his  death  and  there  is  no  provision  in  the  law 
permitting  waiver  of  this  criterion,  absent  the  birth  of  a 
child before the first anniversary of the marriage.  It would 
be  contrary  to  the  letter  and  intent  of  the  law,  as  well  as 
inequitable  to  other  survivors  similarly  situated,  to  approve 
the applicant's request.  However, if the Board's decision is 
to grant relief, the decedent's record should be corrected to 
show he married his widow prior to 24 Jan 2010 and immediately 
added  spouse  coverage  to  previously  established  child  only 
coverage based on full retired pay. 
 
The complete DPSIAR evaluation is at Exhibit B. 
 
______________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
She  petitioned  the  court  to  amend  the  “Order  on  Petition  to 
Recognize a Relationship as a Marriage,” to specify a date the 
relationship  was  considered  a  marriage.    The  amended  order 
reflects a date of Jan 2009.  
 
This  provides  proof  that  they  were  married  at  least  one  full 
year prior to his death.   
 
Her complete response, with attachment, is at Exhibit D. 
 
______________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The application timely filed. 
 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate 
injustice.  The 
applicant’s  contentions  are  duly  noted;  however,  after 
thoroughly reviewing the evidence of record, we find no basis to 
correct  the  member’s  record  to  show  he  made  a  timely  election 
for spouse coverage under SBP.  Although the applicant provides 
evidence  that  recognizes  their  relationship  as  a  marriage,  the 
law requires a member to be married for one full year before the 
widow is eligible for SBP payments, assuming the member elected 

existence 

the 

of 

error 

or 

 

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spouse coverage, which in this instance, he did not.  Therefore, 
we  agree  with  the  opinion  and  recommendation  of  the  Air  Force 
office  of  primary  responsibility  and  adopt  the  rationale 
expressed as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  While the applicant’s 
circumstances are regrettable, in the absence of evidence to the 
contrary, we find no basis to grant the requested relief. 
 
______________________________________________________________ 
 
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 
in Executive Session on 21 Sep 2012, under the provisions of AFI 
36-2603: 
 
 
 
 
The following documentary evidence was considered in AFBCMR BC-
2011-05023: 
 
    Exhibit A.  DD Form 149, dated 30 Nov 2011, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSIAR, dated 3 Feb 2012. 
    Exhibit C.  Letter, SAF/MRBR, dated 1 Mar 2012. 
    Exhibit D.  Rebuttal, Applicant, dated 22 Mar 2012, w/atch. 
 
 
 
 
 
 

, Panel Chair 
, Member 
, Member 

  
  

 
 

 
Panel Chair 

 
 

 
 

 
 

 
 

 

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