RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04170
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The deceased former members records be corrected to reflect he
made a timely election for spouse coverage under the Survivor
Benefit Plan (SBP), naming the applicant as the beneficiary.
________________________________________________________________
APPLICANT CONTENDS THAT:
She never signed anything which gave up her rights to receive
the former members SBP annuity. He retired on 30 Sep 85 and
died on 14 May 10.
The applicants 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 Air Force office of primary
responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF only recommends approval if the applicant submits a
sworn statement affirming she did not receive a notice her prior
spouse elected to terminate spouse coverage. Public Law (PL)
92-425, effective 21 Sep 72, required the spouse be informed
when a married member declined or elected less than maximum
spouse coverage. The U.S. Court of Claims has consistently
ruled widows of members retiring after SBPs implementation, who
were not given notice of the sponsors election, are entitled to
full SBP coverage. There was no requirement for spouses to
provide their written concurrence in the SBP elections until
passage of PL 99-145 and it applies only to members retiring on
or after 1 Mar 86. The applicant and the deceased former member
were married on 10 Jul 72. The member selected spouse and child
coverage based upon full retired pay under SBP, following his 1
Oct 85 retirement. The deceased former members records show he
later declined SBP coverage and SBP premiums were not deducted
from his pay, but there is no explanation of the reason spouse
and child coverage were terminated. There is no evidence the
required notice was sent to the applicant. The deceased former
member died on 14 May 10. On 14 Nov 12, DPFFF requested the
applicant provide a sworn statement under penalty of perjury
stating she did not receive the required notice. To date, the
applicant has not responded to that request. In the interest of
justice, it would be appropriate to grant relief and correct the
decedents record to reflect the elected spouse and child SBP
coverage based upon full retired pay effective 1 Oct 85, and the
youngest child lost eligibility effective 1 Jul 97. However,
approval should be contingent upon the applicant providing an
acceptable sworn statement.
The complete AFPC/DPFFF 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 27 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After
careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. The facts and opinions
stated in the advisory opinions appear to be based on the
evidence of record, and the applicant has not responded their
request for additional information. Therefore, absent the
applicant providing a sworn statement verifying she did not
receive the required notice of her former spouses declination
of SBP coverage, we find no basis to disturb the existing
record.
________________________________________________________________
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-2012-04170 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 31 Sep 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 11 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 27 Dec 12.
Panel Chair
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04435 APPLICANT: COUNSEL: NONE MEMBER: (DECEASED) HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husbands record be corrected to show that he elected spouse coverage, at the full level, under the Survivor Benefit Plan (SBP), naming her as beneficiary. ...