RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03250
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The deceased service members record be corrected to entitle her
to a Survivor Benefit Plan (SBP) annuity.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was misinformed and mislead on what she was signing and
never received the SBP package of information, nor did she
receive a notice to appear at a briefing. She is physically and
mentally disabled due to the abuse she suffered at the hands of
the deceased service member.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is the widow of the former service member who
retired on 1 Aug 06.
The remaining relevant facts are contained in the letter
prepared by the Air Force office of primary responsibility (OPR)
which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial indicating there is no evidence of
an error or injustice. Prior to his 1 Aug 06 retirement, the
service member declined SBP coverage and his spouse concurred
with his election. The service member died on 25 Aug 11. His
records reflect the applicant was counseled regarding SBP on
24 Apr 06. By signing the DD Form 2656, the applicant
acknowledged and confirmed she understood the disadvantages and
advantages of relinquishing her entitlement to SBP and willingly
concurred in the service member's decision to decline SBP
coverage. Although the applicant alleges spousal abuse, this
case does not fit the criteria for relief under PL 103-160. On
30 Nov 93, the Transitional Compensation for Abused Dependents
Program was implemented by law. The program applied to
dependents of service members who were on active duty as of
29 Nov 93, and the dependents of service members who were
separated from active duty as a result of a dependent-abuse
offense. Furthermore, SBP is similar to commercial life
insurance in that an individual must elect to participate during
the opportunities provided by law and pay the associated
premiums in order to have coverage. To approve this request on
the basis of the evidence submitted would be inequitable to
other widows who also concurred in their spouses election to
decline SBP. To grant her request would provide the applicant
another opportunity to obtain SBP coverage after the death of
the service member.
The complete AFPC/DPSIAR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 3 Aug 12, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
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 an 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 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2012-03250 in Executive Session on 13 Mar 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Nov 11, w/atch.
Exhibit B. Former Service Member's Master Personnel
Records.
Exhibit C. Letter, AFPC/DPSIAR, dated 21 Sep 12
Exhibit D. Letter, SAF/MRBR, dated 9 Oct 12.
Panel Chair
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