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AF | BCMR | CY2012 | BC-2012-03250
Original file (BC-2012-03250.txt) Auto-classification: Denied
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 member’s 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 applicant’s 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 spouse’s 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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