RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05628
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The deceased former members records be corrected to reflect he made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP), naming the applicant as the beneficiary.
APPLICANT CONTENDS THAT:
Her divorce decree states her ex-husband was supposed to keep the SBP benefits. There was no reason for her to believe he was not paying for SBP. When he passed away, she discovered he had not been paying for SBP.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the documentation provided by the applicant:
a. On 31 Mar 62, the applicant and the deceased former member were married.
b. On 1 Feb 86, the deceased former member retired from active duty.
c. On 14 Apr 94, the applicant and the deceased former member divorced.
d. On 9 Oct 13, the deceased former member passed away.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. In Jul 86, the deceased former member elected child-only SBP coverage based on full retired pay, and the applicant was notified of his SBP election prior to his retirement on 1 Feb 86. The youngest child lost eligibility in Mar 93. On 14 Apr 94, the applicant and the deceased former member divorced, and the divorce decree awarded the applicant a monthly alimony as her portion of the members Air Force Retiree Account Fund. The divorce decree did not refer to SBP. The Defense Enrollment Eligibility System (DEERS) records indicate that on 14 Jun 94, the deceased member remarried. While the deceased member may have agreed to provide the applicant alimony as a portion of his Air Force Retiree Account Fund, this agreement should not be interpreted as pertaining to the SBP. The SBP law is very specific in that it does not allow former spouse coverage to be established unless the former spouse was covered as a spouse when the member retired. The deceased member could have elected former spouse SBP coverage on the applicants behalf during the 99-00 and 05-06 open enrollment periods, but he failed to do so. SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to have coverage. There is no evidence of an Air Force error or an injustice in this case.
A complete copy of the AFPC/DPFFF evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 Jul 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or 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-2013-05628 in Executive Session on 22 Nov 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFFF, dated 3 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 14.
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