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AF | BCMR | CY2012 | BC-2012-04172
Original file (BC-2012-04172.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04172 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased husband’s record be corrected to reflect he made a 
timely election for spouse coverage under the Survivor Benefit 
Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was misled into signing the waiver of the SBP benefit and she 
would not have willingly done so, knowing what was at stake. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are described 
in the letter prepared by the Air Force office of primary 
responsibility which is included at Exhibit C. 

 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPFFF recommends denial, indicating there is no evidence of 
an error or injustice. According to Defense Enrollment 
Eligibility Reporting System (DEERS) records, the applicant and 
the deceased former member were married on 22 Oct 97. On 31 Jul 
98, the Defense Finance Accounting Service – Cleveland Center 
(DFAS-CL) received a DD Form 2656-2, SBP Termination Request, 
from the member requesting termination from the SBP with the 
applicant’s notarized concurrence. The member died on 19 Jun 11. 
According to Federal statute and the law, SBP coverage is 
irrefutably specific on the termination feature established by 
Public Law 99-145. Once coverage is terminated, the decision is 
irrevocable unless Congress specifically approves reentry during 
an open enrollment. The member’s 31 Jul 98 request was a valid 
request and clearly shows the member did not want to reinstate 


SBP coverage on the applicant’s behalf. Although the applicant’s 
concurrence was not required, her signature confirms she agreed 
with the member’s decision to discontinue SBP participation, and 
also understood she would not receive SBP benefits upon his 
death, as stated on the form. 

 

A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates that she was misled in signing the 
waiver. She contends that her husband was greedy over his 
pension and must have spun the waiver signing into something that 
she was absolutely clueless about. She welcomes the possibility 
of receiving any amended coverage that could be a percentage of 
what she would normally receive under the SBP. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application timely filed. 

 

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 
(OPR) and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice. 
Other than her own uncorroborated assertions, she has presented 
no evidence whatsoever to indicate that she was somehow tricked 
into concurring with the deceased former member’s request to 
terminate SBP coverage. 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 an 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-2012-04172 in Executive Session on 7 May 2013, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 5 Sep 12, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPFFF, dated 15 Oct 12. 

 Exhibit D. Letter, SAF/MRBR, dated 29 Oct 12. 

 Exhibit E. Letter, Applicant, dated 4 Nov 12. 

 

 

 

 

 

 Panel Chair 

 



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