RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05091
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to reflect that he
made an election for spouse coverage under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 28 Jul 12, she submitted a DD Form 2656-6, Survivor Benefit
Plan Election Change Certificate. Her SBP benefits were denied
because her deceased husband failed to claim he was married at
the time of his retirement on 1 Jan 03. However, they were
married but divorced on 24 Feb 03.
In support of her appeal, the applicant provides copies of her
husbands DD Form 214, Certificate of Release or Discharge from
Active Duty; divorce decree, DD Form 2656-6, marriage and death
certificates.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased member and the applicant were married to each other
on three separate occasions; 1 Jun 93 (divorced 15 Dec 97);
11 Aug 00 (divorced 24 Feb 03) and 7 Jul 12.
According to his death certificate, the former member died on
16 Aug 12.
The remaining 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 C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPTT recommends approval. DPTT states that they should
have provided the deceased member with spouse coverage under the
SBP as prescribed by DoD FMR Vol 7B, Chapter 44, paragraph
440201(A).
On 29 May 97, the deceased member was notified of his
eligibility to participate in the RCSBP; since he failed to
respond within the 90-day period dictated by law, he was
automatically covered under Option A, Defer to make an
election until age 60.
On 13 Jan 03, the deceased member completed a DD Form 2656, Data
for Payment of Retired Personnel, to apply for an Active Guard
Reserve (AGR) retirement. He elected not to participate in SBP
with any eligible dependents. According to the Defense
Enrollment Eligibility Reporting System (DEERS), he was married
during this time. The DD Form 2656, section XI states that SBP
spouse concurrence is required when member is married and elects
child only coverage, does not elect full spouse coverage, or
declines coverage. DPTT states they were unaware of the
deceased members marital status and accepted the form as a
valid election without spousal concurrence. In addition, DFAS
also accepted the DD Form 2656 and declined his SBP coverage.
In accordance with DoD FMR, Volume 7B, chapter 44, paragraph
440201(A) The spouse is an eligible beneficiary if married to a
retiree on date of retirement. Unless the member elects
otherwise before retirement, the spouse and/or children are
automatically designated as the beneficiaries even though the
beneficiary data is not received before the date of retirement.
The applicant was married to the deceased member on the date of
his retirement.
DPTT states that the deceased members records should be
corrected to show that spouse coverage was presumed under the
SBP effective the date of his retirement.
The complete DPTT evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Feb 13, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
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. We note the Air
Force office of primary responsibility recommends the deceased
members records be corrected to reflect he submitted a valid
election for spouse only SBP coverage based on full retired pay
effective 1 Jan 03. Nonetheless, since an election to
participate in the SBP programs are generally made at the time
of retirement, we recommend his records be corrected to show
that on 31 Dec 02, he elected spouse only SBP coverage based on
full retired pay. Accordingly, we recommend the decedents
records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the deceased service member be corrected to
show that on 31 Dec 02, he elected spouse only Survivor Benefit
Plan (SBP) coverage based on full retired pay.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-05091 in Executive Session on 20 Aug 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, 11 Feb 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 13.
Panel Chair
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