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AF | BCMR | CY2013 | BC 2013 04435
Original file (BC 2013 04435.txt) Auto-classification: Approved
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-04435

APPLICANT:  			COUNSEL:  NONE
MEMBER:  (DECEASED)

				HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s record be corrected to show that he elected 
spouse coverage, at the full level, under the Survivor Benefit 
Plan (SBP), naming her as beneficiary.  

________________________________________________________________

APPLICANT CONTENDS THAT:

When her husband retired, he made the decision to decline SBP 
coverage without speaking to her about the matter.  She was 
informed that she should have received a letter from the Air 
Force advising her of his decision; however, to the best of her 
recollection, this did not happen.  

In support of her request, the applicant submits copies of her 
sworn statement, marriage certificate, husband’s certificate of 
death, and his DD Form 214, Report of Separation from Active 
Duty. 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

________________________________________________________________

STATEMENT OF FACTS:

Information submitted by the applicant indicates that on 
31 January 1976, her husband was released from active for the 
purpose of retirement from the Air Force in the grade of 
Technical Sergeant, and he died on 10 August 2013. 

________________________________________________________________

AIR FORCE EVALUATION:

1.  AFPC/DPFFF recommends approval.  DPFFF states that there is no 
record that the required notice was sent to the applicant and she 
has provided a sworn statement that she did not receive the 
notification.  

2.  Public Law (PL) 92-425, established the Survivor Benefit 
Program (SBP) on 21 September 1972, and required that the spouse 
be informed when a married member declined or elected less than 
maximum spouse coverage.  The intent of the spouse notification 
requirement was to ensure spouses, upon the sponsor's death, did 
not learn for the first time that they were not covered by SBP.  
The U.S. Court of Claims has consistently ruled that widows of 
members retiring after SBP's implementation, who were not given 
notice of the sponsor's election, are entitled to full SBP 
coverage.  There was no requirement for spouses to concur in the 
SBP elections until passage of PL 99- 145 and it applies only to 
members retiring on or after 1 March 1986.

3.  They recommend the member's record be corrected to show he 
elected spouse SBP coverage based on full-retired pay.  However, 
approval should be contingent upon recovery of SBP premiums he 
would have paid had he made the election at that time.  

The complete AFPC/DPFFF evaluation is at Exhibit B.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 28 February 2014, for review and comment within 
30 days (Exhibit C).  To date, a response has not been received.  

________________________________________________________________

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.  After reviewing the 
evidence of record, we are persuaded that favorable 
consideration of the applicant’s request is warranted based on 
the favorable recommendation rendered by the Air Force office of 
primary responsibility indicating that there is no record the 
required notice was sent to the applicant and she has provided a 
sworn statement that she did not receive the notification.  
Therefore, in view of the above and absent a competing claimant, 
we recommend the decedent’s 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:

	a.  On 31 January 1976, he made a timely and effective 
election of spouse coverage under the Survivor Benefit Plan 
(SBP), based on full retired pay; and 

	b.  On 6 September 2013, the APPLICANT submitted a timely 
and effective claim for survivor benefit annuity. 

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 29 May 2014, under the provisions of AFI 
36-2603:

			, Vice Chair
			, Member
			, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04435 was considered:

    Exhibit A.  DD Form 149 dated 6 September 2013, w/atchs.  
    Exhibit B.  Letter, AFPC/DPFFF, dated 2 December 2013.  
    Exhibit C.  Letter, SAF/MRBR, dated 28 February 2014. 

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