RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01382
XXXXXXX(DECEASED) COUNSEL: NONE
XXXXX (APPLICANT) HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands (decedent) records be corrected to show he
made a timely election for spouse coverage under the Survivor
Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She was unaware of the SBP or that she should have received
notification from the Air Force informing her of the decedents
SBP decision.
In support of her request, the applicant provides copies of the
decedents death certificate, marriage certificate, sworn
statement and DD Form 214, Report of Separation from Active
Duty.
Her complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. DPFFF states that 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 coverageBarber v. U.S., 676 F.2d 651 (Ct. Cl. 1982); Dean
v. U.S., 10 Cl. Ct. 563 (1986); and Kelly v. U.S., 826 F.2d
1049 (Fed Cir. 1987). In all these cases, the facts were
essentially the same as they are in this case. There was no
record the required notice was given to the applicant. 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. In the event relief is
granted, the unpaid contributions to the SBP that would have
been deducted from the member's retired pay through the date of
his death (approximately $99,338) will be collected from any
annuity payment the applicant would be entitled to receive.
DPFFF recommends the applicants record be corrected to show he
elected spouse only SBP coverage based on full retired pay
effective 30 Jun 1975. Approval should be contingent upon
recovery of SBP premiums the decedent would have paid had he
made the election at that time.
The complete DPFFF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 Jun 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
_______________________________________________________________
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 an error or injustice. After a
thorough review of the facts and circumstances of this case, we
agree with AFPC/DPFFFs recommendation that the members records
should be corrected to reflect that he made a valid election for
spouse coverage, based on full retired pay effective 30 Jun
1975. Therefore, in the interest of justice, we find the
evidence sufficient to grant the requested relief and recommend
the members records be corrected as set forth below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to MEMBER, be corrected to show that on 30 Jun
1975, he elected spouse only coverage under the Survivor Benefit
Plan, based on full retired pay.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 7 Nov 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2013-
01382:
Exhibit A. DD Form 149, dated 7 Mar 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 3 Jun 2013.
Exhibit C. Letter, SAF/MRBR, dated 7 Jun 2013.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
8
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
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