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 husbands 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
applicants 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 members 31 Jul 98 request was a valid
request and clearly shows the member did not want to reinstate
SBP coverage on the applicants behalf. Although the applicants
concurrence was not required, her signature confirms she agreed
with the members 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 applicants 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 members 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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