RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05902
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
Her husbands records be corrected to reflect he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband was not married nor had any dependents at the time of his retirement on 1 Nov 1968 and as a result did not need SBP or the Retired Servicemans Family Protection Plan (RSFPP). However, they were married on 2 Apr 1982 and he reported the marriage. He assumed she would be entitled to SBP or RSFPP automatically but did not remember the specifics about the SBP coverage.
In support of her request, the applicant provides a personal statement and copies of his death and their marriage certificates.
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 Air Force office of primary responsibility at Exhibit B.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. The member had at least four opportunities to elect SBP coverage for the applicant, but failed to do so. SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by law and pay the associated premiums in order to have coverage. It would be inequitable to those members who chose to participate when eligible and subsequently received reduced retired pay, and to other widows whose sponsors chose not to participate, to provide entitlement to this widow on the basis of the evidence presented. There is no evidence of an error or injustice and no basis in law to grant relief.
The complete DPFFF evaluation is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Her husband notified the military when they married in 1982 and she was named the beneficiary to all benefits as the sole survivor. Now that he has passed, she is not receiving SBP and it is a hardship for her to maintain the lifestyle they achieved. It is an injustice to not grant SBP as her husbands intent and understanding was that she would receive SBP. She does not believe that her husband would not have agreed to SBP for her.
Her complete response 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 injustice. The applicants complete submission was thoroughly reviewed and her contentions were duly noted. However, we do not find her assertions sufficiently persuasive to override the rationale provided by the Air Force Office of Primary Responsibility (OPR). Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2012-05902 in Executive Session on 7 Nov 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Dec 2012, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 22 Mar 2013.
Exhibit C. Letter, SAF/MRBR, dated 6 Apr 2013.
Exhibit D. Letter, Applicant, dated 30 Apr 2013.
Panel Chair
AF | BCMR | CY2005 | BC-2005-00953
Subsequently, Public Laws (PLs) 97-35, 101-189, and 105-261 authorized additional SBP open enrollment periods (1 Oct 81 – 30 Sep 82, 1 Apr 92 – 31 Mar 93, and 1 Mar 99 – 29 Feb 00, respectively) so that retirees could elect or increase SBP coverage. Similarly, the Air Force may not pay an SBP annuity to the applicant, because the member retired before the implementation of the SBP and he did not choose to provide SBP coverage for her when he was eligible to do so. Exhibit C. Letter,...
AF | BCMR | CY2013 | BC 2013 04033
AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, indicating there is no record that the required notice for spouses to concur in the SBP election was sent to the applicant. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant disagrees with the recommendation that SBP entitlement is contingent upon recovering the premiums her deceased husband would have paid, had he made the elections at the time of his retirement. Exhibit E. Letter, Congressman, dated 10 Jun 14, w/atchs.
The deceased member did not enroll in the RSFPP prior to his retirement on 1 June 1963 and did not elect coverage during the initial SBP enrollment. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommended denial and stated that there is neither evidence of error or injustice nor any basis in law to grant relief in this case. However, if the decision of the Board is to grant relief, the decedent's record should be corrected to show that...
AF | BCMR | CY2002 | BC-2002-01319
The deceased member did not enroll in the RSFPP prior to his retirement on 1 June 1963 and did not elect coverage during the initial SBP enrollment. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR recommended denial and stated that there is neither evidence of error or injustice nor any basis in law to grant relief in this case. However, if the decision of the Board is to grant relief, the decedent's record should be corrected to show that...
AF | BCMR | CY2012 | BC-2012-04821
_______________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. 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. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records...
AF | BCMR | CY2006 | BC-2005-02539
PL 92-425, which established the SBP on 21 Sep 72, authorized an 18- month enrollment period (21 Sep 72 - 20 Mar 74) for retired members to elect SBP coverage, but were not required to return an SBP election form in order to decline coverage. RSFPP participants could have terminated previous RSFPP coverage, or retained it in addition to a new SBP election. There were no provisions in the laws during these open enrollment periods requiring the Services to notify spouses of retired members...
The evidence also establishes the deceased member’s efforts to provide the applicant with all the benefits she was entitled to as the spouse of a retired service member. Microfiche records verify SBP enrollment packets and newsletters were mailed to the address the decedent provided to the finance center during the 1981-1982 and 1992-1993 open enrollment periods. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
On 12 Jun 73, the deceased member submitted an SBP election statement during the initial enrollment period, declining coverage. Public Law (PL) 92-425, which established SBP on 21 Sep 72, authorized an 18-month enrollment period for retired members to elect SBP coverage. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her late husband’s records should be corrected to show that he elected SBP coverage for her.
AF | BCMR | CY2013 | BC 2013 04463
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 B. Service members were briefed and required to make an election prior to completing 18 years of service. The service member retired on 1 Jan 63.
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit B). Applicant's response to the advisory opinions is at Exhibit D. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. i - - 550 C Street West, Suite 14 Randolph AFB TX 78150-4716 MEMORANDUM FOR AFBCMR FROM: HQ...