RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04821
(DECEASED) COUNSEL: NONE
(APPLICANT) HEARING DESIRED: NO
_______________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands (decedent) records be corrected to show he
made a timely election for spouse coverage under the Survivor
Benefit Plan (SBP).
_______________________________________________________________
APPLICANT CONTENDS THAT:
Her husband declined to participate in the SBP without her
knowledge or consent.
In support of her request, the applicant provides copies of the
decedents death certificate, DD Form 214, Certificate of
Release or Discharge from Active Duty, and various other
documents associated with her request.
Her 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. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. DPFFF states that the U.S.
Court of Claims has consistently ruled that widows who are
not given notice of their sponsor's election are entitled to
full SBP coverageBarber v. U.S., 676 F.2d 651 (CI. Ct. 1982;
Dean v. U.S., 10 Cl. Ct. 563 (1986); and Kelly v. U.S., 826
F.2d 1049 (Fed Cir. 1987. In all these cases, the facts were
essentially the same as they are in this case. There was no
record the required notice was given to the applicant. After
the death of the retired member, the widow provided a sworn
statement that she did not receive notification that her
husband had declined SBP coverage. In the event relief is
granted, the unpaid contributions to the SBP that would have
been deducted from the member's retired pay through the date
of his death (approximately $72,509) will be collected from
any annuity payment (about $827 gross per month) the
applicant would be entitled to receive.
The complete DPFFF evaluation is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 Nov 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. To date, a response has not been received (Exhibit
C).
_______________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. There is no
evidence of Air Force error; however, to preclude an injustice,
we agree with AFPC/DPSIARs recommendation that the members
records should be corrected to reflect that he made a valid
election for spouse coverage, based on full retired pay
effective 1 Nov 1980. Accordingly, we recommend the members
records be corrected as set forth below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to MEMBER, be corrected to show that on 1 Nov
1980, he elected spouse only coverage under the Survivor
Benefit Plan, based on full retired pay.
_______________________________________________________________
The following members of the Board considered this application
in Executive Session on 31 Jul 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-04821:
Exhibit A. DD Form 149, dated 15 13 Sep 2012, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 9 Nov 2012.
Exhibit C. Letter, SAF/MRBR, dated 26 Nov 2012.
Panel Chair
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