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AF | BCMR | CY2013 | BC 2013 04848
Original file (BC 2013 04848.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	
		DOCKET NUMBER:  BC-2013-04848
		COUNSEL:  NONE
		HEARING DESIRED:  YES


APPLICANT REQUESTS THAT:

Her late spouse’s record be changed to show he elected spouse 
coverage under the Survivor Benefit Plan (SBP).


APPLICANT CONTENDS THAT:

The name of spouse and dates to whom the decedent married is in 
error.

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


STATEMENT OF FACTS:

On 1 April 1999, the decedent retired in the grade of senior 
master sergeant.

The decedent and the applicant were married on 14 February 2002.

The decedent died on 2 September 2011.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.


AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  DPFFF states the former service 
member was not married, but had dependent children; however, he 
declined SBP coverage prior to his 1 April 1999 retirement.  
When the former service member and the applicant married - he 
did not request SBP coverage be established on the applicant’s 
behalf within the first year of their marriage.  There is no 
evidence he submitted an election during the 2005 - 2006 open 
enrollment period.


Although the applicant claims the name of the spouse and dates 
to whom the former service member married was in error, she has 
not provided any documentation to verify her claim.  The former 
service member completed a DD Form 2656, Data for Payment of 
Retired Personnel, which reflects he was not married at the time 
of his retirement.  Defense Enrollment Eligibility Reporting 
System (DEERS) records also reflect the former service member 
was not married prior to his retirement date and the applicant 
provided a copy of her marriage certificate to the former 
service member which reflects their marriage was after his 
retirement.  There is no basis in law which would entitle the 
applicant to the SBP.  SBP is similar to commercial life 
insurance in that an individual must elect to participate during 
the opportunities provided by the 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 Air Force error or injustice in this 
case.

The complete DPFFF evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that she has been trying to obtain benefits 
based on her late husband’s passing.  She received a letter from 
the Defense Finance and Accounting Service (DFAS) office that is 
in error.  It states that they were divorced on 28 October 
1998 which is not true.  They married in 2002 and remained 
married until his death on 2 September 2011.  She researched and 
discovered that her late spouse was in fact divorced on 
28 October 1998 but from someone else.  She was able to obtain 
the accurate information based on public record from the records 
department at the Okaloosa County Court.  She has been fighting 
the battle to obtain all benefits that she is qualified to 
receive.  She has lost her home and key material items they 
accumulated through the years.  She is appalled at the situation 
that is occurring with regards to the claim of annuity benefits 
for SBP.  She has been denied benefits that she believes she may 
be eligible for.  She questions whether the records at DFAS are 
correct.  She demands that a complete audit be completed of her 
late spouse’s records.  It seems logical that if her late 
spouse’s records at DFAS and the Department of the Air Force are 
inaccurate, that perhaps his records of SBP elections may have 
also been inaccurate or missing.



The applicant’s complete submission, 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.  We took 
notice of the applicant's complete submission, to include her 
rebuttal comments, in judging the merits of the case; however, 
we agree with the opinion and recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion that the former member did not submit a 
valid election as required by law to establish spouse coverage.  
With regard to the DFAS letter the applicant received, records 
do reflect that the applicant did in fact receive an erroneous 
letter from DFAS.  Once the error was noted, a letter was sent 
to the applicant apologizing for the inaccurate information.  
However, this error does not negate the fact that there is no 
record of receipt of an SBP election requesting SBP coverage for 
the applicant within the first year of their marriage.  
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 an error or an 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-2013-04848 in Executive Session on 6 January 2015, 
under the provisions of AFI 36-2603:





The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04848 was considered:

  Exhibit A.  DD Form 149, dated 16 October 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPFFF, dated 8 January 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 24 January 2014.
  Exhibit D.  Letter, Applicant, dated 25 January 2014.





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