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AF | BCMR | CY2012 | BC-2012-04506
Original file (BC-2012-04506.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04506 

 

 COUNSEL: NONE 

 (FORMER SERVICE MEMBER) 

 HEARING DESIRED: NO 

 (APPLICANT) 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The SBP election form her husband completed is a legal document 
and should not have any erasures or other markings on the form. 
She believes several sections of the form appear to have been 
altered. 

 

Her husband told her in the event of his death she would receive 
his pension and Social Security. 

 

At the time of the SBP briefing her English was not great. She 
was told to sign the form and she signed it, never knowing she 
was signing a document to forfeit receiving the pension. 

 

The applicant’s 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, which is attached at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPFFF recommends denial indicating there is no evidence of 
an error or injustice. Under the provisions of Public Law (PL) 
99-145, the spouses of married services members had to be 
advised of the options and effects of the SBP, and be notified 
if the service member declined SBP coverage, or elected less 


than the maximum level of coverage. The spouse of a married 
service member must concur in any SBP election that did not 
provide the maximum level of coverage for the spouse. If the 
married service member declined spouse coverage at retirement, 
they may not provide SBP coverage for that spouse, or any spouse 
acquired following retirement, unless Congress authorizes an 
open enrollment. 

 

The service member and the applicant were married on 14 Mar 69. 
He declined SBP coverage prior to his 1 Aug 95 retirement and 
the applicant concurred with the election. There is no evidence 
the service member submitted an SBP election on the applicant's 
behalf during two open enrollment periods following his 
retirement. 

 

The applicant has not provided any evidence to substantiate the 
election form was tampered with prior to or after the form was 
signed. Nor has she provided any evidence showing that she or 
the SBP counselor was unable to understand one another, or that 
she was pressured into signing the election. Furthermore, it is 
each retiree's responsibility to ensure the required actions are 
taken to provide their dependents with any military benefits and 
privileges available to them and pay the costs associated with 
those benefits. Also, it is each spouse’s responsibility to 
understand the impact of documents they sign. 

 

While it is unfortunate the service member failed to elect SBP 
coverage on the applicant's behalf three times, it would be 
inappropriate to provide an additional opportunity to elect SBP 
coverage, an opportunity not afforded to other surviving spouses 
similarly situated. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The evidence she has provided clearly shows the errors on the 
election form. 

 

A complete copy of the applicant’s response, with attachments, 
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. The 
applicant contends the election form they completed declining 
SBP coverage appears to have been altered; and she did not fully 
understand she was relinquishing her entitlement to the SBP due 
to her difficulty with the English language. We took notice of 
her 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 decision the applicant is not the victim of an error or 
injustice. Other than her own assertions, the applicant has 
provided no evidence showing the election form was altered prior 
to or after they signed the form; she did not understand or was 
coerced into concurring with her spouse’s decision to decline 
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 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-2012-04506 in Executive Session on 17 Jun 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 Oct 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPFFF, dated 7 Nov 12. 

 Exhibit C. Letter, SAF/MRBR, dated 26 Nov 12. 

 Exhibit D. Letter, Applicant, dated 17 Dec 12. 

 

 

 

 

 

 Panel Chair 



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