RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-01864
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

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APPLICANT REQUESTS THAT:

His records be changed to reflect he elected spouse coverage 
under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He was told that he did not elect SBP coverage; however, he 
initially elected the normal benefit for his spouse and child 
prior to his retirement.  His spouse died in 2008.  He requests 
the SBP benefit be available should he remarry.

In support of his request, the applicant provides a copy of a 
personal statement and a copy of his AF Form 1266, Survivor 
Benefit Plan (SBP) Election.

His complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 30 Nov 91 in 
the grade of lieutenant colonel.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial and states the applicant’s records 
reflect he declined SBP coverage prior to his 1 Nov 91 
retirement.  The applicant provided a copy of an AF Form 1266, 
which he allegedly signed on 23 Aug 91 at Langley AFB, VA, 
electing spouse and child coverage based on full retired pay.  
There is no indication in any retired pay system or microfiche 
that reflects SPB premiums were ever deducted from his retired 
pay.  The Defense Enrollment Eligibility Reporting System 
(DEERS) reflects the applicant’s wife died on 25 Oct 08.  
Furthermore, there is no evidence the applicant submitted an 
open enrollment election during the opportunities authorized by 
Public Law.

The applicant’s records do not show that he remarried.  Absent 
irrefutable evidence that the applicant was not legally married 
on 1 Nov 91, or proof SBP premiums were deducted from his 
retired pay until his late spouse’s death, the claim is without 
merit.

The complete DPSIAR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

1. He contacted the Air Force in May 12 regarding the procedure 
to re-establish his SBP coverage in case he ever remarried, 
which is when he was informed he had no coverage.  He did not 
agree at that time and believes his records should be corrected.  

2. AFPC/DPSIAR states that his retired pay records reflect he 
declined SBP coverage prior to retiring.  He faxed the AF Form 
1266 to their office to show that he elected full coverage.  
AFPC should have access to the original, which would show the 
same thing.  Additionally, had he declined the SPB coverage his 
spouse would have had to concur; however, they do not mention 
that fact.  

3. He agrees there was no indication of SBP premiums being 
deducted from his retired pay which was an omission on his part.

4.  He agrees that he did not elect SBP coverage during open 
enrollment because he thought he had full coverage.  Further, he 
was married at the time of his retirement and premiums 
apparently were not deducted, but that was a government error of 
commission.  DPSIAR states that it is each member’s 
responsibility to ensure required actions are taken to provide 
benefits; however, they ignore the government’s responsibility 
to comply with the member’s stated request for full SBP.  

5. DPSIAR also notes that it would be inappropriate to provide 
coverage not afforded to other members similarly situated; 
however, if he had preceded his wife in death, it appears the 
Air Force would have denied her benefits based on their error.  
His dependents would have suffered loss, but not the government.  
He questions whether there are any others similarly situated?  
He doubts the government routinely makes this error.  

6. DPSIAR states that if the ruling is in his favor, he should 
provide recoupment of the applicable premiums from 1991 until 
2008.  This would indicate he had coverage for his late wife, 
but all the rest of the memorandum indicates he did not have 
coverage.  He believes that he should be re-instated to his 
original request, full SBP coverage, and not charged previous 
premiums since he apparently had no coverage.  Should he 
remarry, premiums should be deducted and his new wife would 
receive normal benefits, as all other retired members are 
afforded.

7. In an e-mail communication on 15 May 2013, the applicant 
agrees to pay past premiums in order to be eligible to elect SBP 
coverage for a future spouse should he remarry.

The applicant’s complete submission, with attachment, is at C 
and E.

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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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate 
the existence of error or injustice that warrants corrective 
action.  In this respect, based on the evidence of this case it is 
our opinion that the applicant’s request should be favorably 
considered.  While we note AFPC/DPSIAR’s recommendation to deny, 
we are persuaded by the evidence provided by the applicant in the 
form of an AF Form 1266, Survivor Benefit Plan (SBP) Election, 
that he filed a valid SBP election for spouse and child coverage 
(maximum annuity) which was witnessed by a representative of his 
personnel office.  Although the applicant’s form was not executed, 
we believe it was through no fault of his own that the execution 
did not take place.  In view of the above and since the applicant 
has agreed to make the one-time payment of all applicable premiums 
from 1 Nov 91 to 25 Oct 08, we believe his records should be 
corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that that on 
30 November 1991, he elected spouse coverage under the Survivor 
Benefit Plan (SBP) based on full retired pay.


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The following members of the Board considered AFBCMR Docket Number 
BC-2012-01864 in Executive Session on 12 Feb 13 and 16 May 13, 
under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 12, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIAR, dated 18 Jun 12.
    Exhibit D.  Letter, Applicant, dated 4 Oct 12, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Oct 12.
    Exhibit F.  Letter and E-mail, Applicant, dated 10 Nov 12 and 
				 15 May 13.




                                   
                                   Panel Chair









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