Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-01796
Original file (BC-2012-01796.pdf) Auto-classification: Approved
  

 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
 

DOCKET NUMBER:  BC-2012-01796 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her  deceased  spouse’s  record  be  changed  to  show  he  elected  to 
participate in the Survivor Benefit Plan (SBP). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
When her late spouse retired from active duty he did not involve 
her  with  military  matters  nor  did  he  discuss  his  decision  to 
decline the SBP.  She does not recall receiving a notice from the 
Air Force regarding survivor benefits. 
 
In  support  of  the  applicant’s  appeal,  she  provides  a  copy  of  a 
marriage certificate, death certificate, and an affidavit. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant and the decedent were married on 11 November 1954.  
He  declined  SBP  coverage  prior  to  his  1  June  1974  retirement.  
Neither  the  decedent’s  election  form  nor  evidence  that  the 
required  notice  was  or  was  not  sent  to  the  applicant  could  be 
located. 
 
The decedent died on 24 March 2012. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
DPSIAR  recommends  approval.    DPSIAR  states  the  U.S.  Court  of 
Claims  has  consistently  ruled  that  widows  who  are  not  given 
notice  of  their  sponsor’s  election  are  entitled  to  full  SBP 
coverage.    There  is  no  record  the  required  notice  was  given  to 
the  applicant.    After  the  death  of  the  retired  member,  the 

 
 

  

applicant  provided  a  sworn  statement  that  she  did  not  receive 
notification that her husband had declined SBP coverage. 
 
The DPSIAR complete evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 
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).    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 timely filed. 
 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  injustice.    After  thoroughly 
reviewing the circumstances of this case, it is our opinion that 
favorable  consideration  of  the  applicant's request is warranted.  
We are aware of the United States Court of Federal Claims rulings 
in cases where surviving spouses, who are not given proper notice 
of  their  spouse's  declination  of  SBP  coverage,  are  entitled  to 
full SBP coverage.  We note the Air Force has indicated there is 
no  record  the  applicant  was  provided  with  the  required 
notification.    Since  there  is  no  evidence  the  applicant  was 
properly advised of her spouse’s decision not to elect coverage, 
as  required  by  the  applicable  statute,  there  is  no  dispute 
concerning  her  entitlement  to  survivor  benefits  under  the 
criteria  set  forth  in      Accordingly,  we  recommend  the  records  be 
corrected as indicated below. 
 
_________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 1 June 1974, 
he elected spouse coverage under the Survivor Benefit Plan (SBP) 
based on full retired pay, naming   as the spouse beneficiary. 
 
_________________________________________________________________ 
 
 
 

 

 
 

 

  

The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01796  in  Executive  Session  on  19  December  2012, 
under the provisions of AFI 36-2603: 
 
 
 
 
All  members  voted  to  correct  the  records,  as  recommended.    The 
following documentary was considered: 
 
  Exhibit A.  DD Form 149, dated 3 April 2012, w/atchs. 
  Exhibit B.  Letter, AFPC/DPSIAR, dated 12 June 2012. 
  Exhibit C.  Letter, SAF/MRBR, dated 19 June 2012. 
 
 
 
 
 
 

 

  
3 



Similar Decisions

  • AF | BCMR | CY2013 | BC-2011-02061

    Original file (BC-2011-02061.pdf) Auto-classification: Approved

    _______________________________________________________________ STATEMENT OF FACTS: According to the information provided by the Air Force office of primary responsibility, the applicant and the decedent were married on 29 May 1961. After the death of the retired member, the widow provided a sworn statement that she did not receive notification that her husband had declined SBP coverage. To date, a response has not been received (Exhibit C).

  • AF | BCMR | CY2013 | BC 2012 01987

    Original file (BC 2012 01987.txt) Auto-classification: Approved

    She filed for the SBP annuity and was informed that her husband never elected SBP spouse coverage. DPSIAR notes that in all of these cases, the facts were essentially the same as in this case except the applicant failed to request correction within six years of the member’s death and her notarized statement claiming the member had told her “over and over again” that she was to receive his pension does not meet the standard criteria for a Barber affidavit, i.e., (1) she was not notified at...

  • AF | BCMR | CY2011 | BC-2011-02755

    Original file (BC-2011-02755.txt) Auto-classification: Denied

    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 | CY2012 | BC-2012-04821

    Original file (BC-2012-04821.txt) Auto-classification: Approved

    _______________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. After the death of the retired member, the widow provided a sworn statement that she did not receive notification that her husband had declined SBP coverage. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records...

  • AF | BCMR | CY2013 | BC-2013-00672

    Original file (BC-2013-00672.txt) Auto-classification: Approved

    They note that the record should be corrected to show that, effective 30 Nov 76, the decedent elected spouse only SBP coverage based on full retired pay. In this case, as in all Barber cases, the facts are essentially the same: there is no record the required notice was sent to the applicant and the applicant has provided a sworn statement that she did not receive notification that the decedent had declined SBP coverage. ________________________________________________________________ THE...

  • AF | BCMR | CY2011 | BC-2011-00699

    Original file (BC-2011-00699.txt) Auto-classification: Approved

    Public Law (PL) 92-425, which established the SBP effective 21 Sep 72, required that the spouse be informed when a married member declined or elected less than maximum spouse coverage. In this case, as in all Barber cases, the facts are essentially the same: there is no record the required notice was sent to the applicant and the applicant has provided a sworn statement that the notification was not received. ____________________________________________________________ ____ THE BOARD...

  • AF | BCMR | CY2013 | BC 2012 03848

    Original file (BC 2012 03848.txt) Auto-classification: Denied

    Notwithstanding the fact the applicant has provided a sworn statement alleging that she was not aware her husband did not elect SBP coverage and AFAFC’s failure to retain documentation of that notification, the history transaction annotated in the decedent's record confirms standard procedures regarding the spouse notification requirement was properly accomplished. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...

  • AF | BCMR | CY2013 | BC 2012 02043

    Original file (BC 2012 02043.txt) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: While married, the member elected spouse and child coverage based on a reduced level of retired pay under the SBP prior to his 1 Jun 73 retirement. There is no record of marriage at the time of his death. While counsel argues the former member never married; the evidence of record, specifically, the death certificate states otherwise.

  • AF | BCMR | CY2013 | BC-2012-02486

    Original file (BC-2012-02486.pdf) Auto-classification: Denied

    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 | CY2011 | BC-2011-04376

    Original file (BC-2011-04376.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: Upon his retirement from the Air Force, the decedent was divorced from his previous spouse and elected child only SBP coverage. 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. ________________________________________________________________ The following members...