RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03990
COUNSEL: NONE
(DECEASED SERVICE MEMBER)
(APPLICANT) HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late spouses records be corrected to reflect that he made a
timely election for spouse coverage under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She believes her husband made the decision not to elect SBP
coverage based on the poor health prognosis she had received. As
a military wife she served alongside of her husband for 18 of the
20 years he served.
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 Mar 77.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial indicating there is no evidence of
an error or injustice, or any basis in law to grant relief in
this case. The service member and the applicant were married on
21 Dec 61. He declined SBP coverage prior to his 1 Mar 77
retirement. They divorced on 3 Oct 89, and remarried on
1 Mar 09. The Defense Finance and Accounting Service-Cleveland
Center (DFAS-CL) has no evidence the service member submitted an
SBP election on the applicant's behalf during any of the four
additional open enrollment periods before his death on 12 Jun 11.
The service member could have elected spouse coverage prior to
his retirement, but did not. Although the applicant believes her
husband felt that due to the prognosis of her medical condition
that it would not be necessary to elect SBP coverage for her, it
is each retiree's responsibility to elect the type and level of
SBP coverage they believe is in their family's best interest.
The SBP was created to provide a service member's survivors a
level of protection in the event of unforeseen, future loss of
income. Each service member voluntarily makes their SBP decision
upon the level of risk they are willing to accept. While it is
unfortunate the service member failed to elect SBP coverage on
the applicant's behalf five times, it would be inappropriate to
provide an additional opportunity to elect SBP coverage, an
opportunity not afforded to other surviving spouses similarly
situated.
The complete AFPC/DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant believes she has been disenfranchised by her
husband's decision not to select SBP. She was never informed by
her husband or the Air Force of his decision to decline SBP as
required by law. Her husband told her on several occasions that
she would be taken care of if he died; thus, indicating she would
receive widows benefits from the Air Force. She was not aware
of her husband's election not to elect SBP until she received the
response from Senator Rockefeller.
The applicants complete response is at Exhibit D.
_________________________________________________________________
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 an injustice. We took
notice of the applicants complete submission, to include the
rebuttal response, in judging the merits of the case; however, we
agree with the opinion and the recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has failed to sustain
her burden of proof of the existence of an error or injustice.
Although the applicant believes her medical condition may have
precluded the service member from electing SBP coverage, it is
the responsibility of each service member to elect the SBP
coverage that best suits his family situation. Furthermore, the
service member had five opportunities to elect SBP coverage but
failed to do so. The applicant further alleges she was not
informed of the service members decision to decline SBP coverage
as required by law. Other than her own assertions, the applicant
has provided no evidence that she was not briefed on the options
and effects of SBP. While the applicants situation is
unfortunate, in the absence of evidence of an error or an
injustice on the part of the Air Force, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a material error or injustice; that
the application was denied without a personal appearance; and
that 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-2012-03990 in Executive Session on 7 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Aug 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 26 Sep 12.
Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12.
Exhibit D. Letter, Applicant, dated 4 Nov 12.
Panel Chair
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