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AF | BCMR | CY2013 | BC-2012-02486
Original file (BC-2012-02486.pdf) Auto-classification: Denied
 

       DOCKET NUMBER: BC-2012-02486 

RECORD OF PROCEEDINGS 

    COUNSEL:  NONE 
    HEARING DESIRED: NO 

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF:   
 
   
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
The decedent’s record be corrected to show that he elected 
spouse only coverage under the Survivor Benefit Plan (SBP)  
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
Neither  she  nor  her  husband  was  aware  of  the  requirement  to 
notify  the  Defense  Accounting  and  Finance  Service  (DFAS)  of 
their  marriage  and  their  desire  to  participate  in  the  SBP 
annuity.    Had  they  known,  they  would  have  sent  the  appropriate 
documentation  to  DFAS.    It  seems  unfair  that  she  is 
automatically  ineligible  to  apply  for  SBP  since  her  husband 
never participated in the program.  He never met the eligibility 
criteria to do so and he never declined coverage. 
 
In  support  of  her  appeal,  the  applicant  provides  the  former 
member’s  death  certificate,  DD  Form  2656-7,  Verification  of 
Survivor  Annuity,  W-4P,  Withholding  Certificate  for  Pension  or 
Annuity Payments and a direct deposit form. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The decedent is a former member of the Air Force who retired on 
1 July 2006. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIAR  recommends  denial.    An  unmarried  member  who  elects 
child  only  coverage,  or  declines  SPB  at  retirement  may  provide 
coverage  for  the  first  spouse  acquired  following  retirement.  
The  election  must  be  submitted  before  the  first  anniversary  of 
the marriage.  If the member fails to elect SBP coverage for an 

 
 

 

eligible beneficiary within the time prescribed by law, coverage 
may  be  provided  only  in  the  event  Congress  authorizes  open 
enrollment.   
 
The  Defense  Enrollment  Eligibility  Reporting  System  (DEERS) 
reflects  the  decedent  was  divorced  and  declined  SPB  coverage 
prior  to  his  1  July  2006  retirement.    He  and  the  applicant 
married on 31 December 2007.  There is no evidence the decedent 
advised  DFAS  of  his  change  in  marital  status  within  the  first 
year  of  his  marriage.    He  failed  to  submit  a  valid  request  to 
elect  SBP  coverage  on  the  applicant’s  behalf  within  the  time 
prescribed  by  law.    He  died  on  16  May  2012;  there  is  no 
provision  in  the  law  to  posthumously  establish  SPB  coverage  on 
the applicant’s behalf. 
 
It  is  the  member’s  right  and  responsibility  to  elect  SBP 
coverage  for  a  spouse  acquired  after  retirement.    The 
Afterburner,  News  for  USAF  Retired  Personnel,  published  after 
the applicant’s marriage contained regular reminders for members 
concerning  required  actions  to  provide  SBP  coverage  following 
changes  in  marital  and  family  status.    These  issues  of  the 
Afterburner  were  mailed  to  the  correspondence  address  the 
decedent provided the finance center.   
 
There  is  no  evidence  of  an  error  or  injustice  and  no  basis  in 
the  law  to  provide  relief  in  this  case.    Should  the  Board 
recommend  granting  the  applicant’s  request,  approval  should  be 
contingent upon recoupment of all applicable premiums. 
 
The complete DPSIAR 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 26 July 2012, for review and comment within 30 days 
(Exhibit  C).    As  of  this  date,  this  office  has  received  no 
response. 
 
________________________________________________________________ 
 
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 error or injustice.  We took notice 
of the applicant’s complete submission in judging the merits of 
the  case;  however,  we  agree  with  the  opinion  and  the 
recommendation of the Air Force office of primary responsibility 

 

2 
 

and adopt its rationale as the basis for our conclusion that the 
decedent  failed  to  make  a  clear  election  to  participate  in  the 
SBP  within  the  one  year  time  period  as  prescribed  by  law.  
Regrettably, we find no basis to grant the relief sought in the 
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  AFBCMR  Docket 
Number  BC-2012-02486  in  Executive  Session  on  12  February  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 30 May 12, w/atchs.  
    Exhibit B.  Letter, AFPC/DPSIAR, dated 16 Jul 1S. 
    Exhibit C.  Letter, SAF/MRBR, dated 16 Jul 12. 
 
 
 
 
                                   Panel Chair 
 

, Panel Chair 
, Member 
, Member 

  
  
  

 
 
 

 

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