RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2013-05461
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her late spouses record be changed to show he elected spouse
coverage under the Survivor Benefit Plan (SBP).
APPLICANT CONTENDS THAT:
At the time of her husbands retirement in June 1988, she was
not informed of her survivor benefit rights as a spouse. She
did not sign a DD Form 2656, Survivor Benefit Plan Election
Change Certificate. The military failed in their responsibility
to make sure that she was informed and represented. She
believes this to be an injustice.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The Defense Enrollment Eligibility System (DEERS) records show
the applicant and the decedent married on 11 August 1980.
Microfiche records produced by the Air Force Accounting and
Finance Center (AFAFC) from July 1989 reflect the decedent
declined SBP coverage with the applicant's concurrence prior to
his 1 July 1988 retirement.
The member died on 4 July 2006, and no SBP premiums were ever
deducted from his retired pay.
AIR FORCE EVALUATION:
DPFFF recommends denial. DPFFF states there is no evidence the
member submitted an election during the 1992 through 1993,
1999 through 2000, or 2005 through 2006 open enrollment periods.
Even though the applicant claims she was not provided an SBP
election to sign and was not informed of the members election,
finance records reflect she concurred in his election to decline
SBP coverage. Absent a valid election, DFAS would have
established full spouse and child coverage to comply with the
law. Furthermore, there is no record the member submitted an
election on the applicants behalf under either PL 101-189 or
105-261. Had he made an election on the applicants behalf
during the open enrollment authorized by PL 108-375, he would
have been required to live at least until 1 October 2008 for the
coverage to become valid.
The complete DPFFF evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that she was not present when her late
husband processed out, nor was she contacted by anyone or given
forms to sign. She did not know he declined coverage. The SBP
counselors and AFAFC technicians did not do their jobs. The
very absence of the DD Form 2656 in the system, when every other
document was found, is proof in itself that this form does not
exist. Title 10 U.S.C., Section 1448 states Spouses
concurrence must be obtained and dated on or after the date of
the member's election, but before the retirement/transfer date.
If concurrence is not obtained when required - maximum coverage
will be established for your spouse and child(ren) if
appropriate.
The applicants 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 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 applicant is not a 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 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-2013-05461 in Executive Session on 30 October 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 November 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 18 March 2014.
Exhibit C. Letter, SAF/MRBR, dated 8 August 2014.
Exhibit D. Letter, Applicant, not dated.
An AFAFC letter to the decedent, dated 7 October 1972, explained that SBP coverage had been established on his spouse's behalf in compliance with the provision of the law that required establishment of maximum spouse and child coverage if a member, such as the applicant, made no election before retirement. Documents provided by the applicant include a copy of a 7 Oct 72 letter to the decedent from the Air Force Accounting and Finance Center (AFAFC) which explained SBP coverage had been...
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