RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2013-00566
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her deceased spouses record be changed to show he elected
spouse coverage under the Survivor Benefit Plan (SBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She was unaware of any form that was required in order for her
to be eligible for SBP.
In support of the applicants appeal, she provides a letter from
her son, letter from the Department of Finance and Accounting
Services (DFAS), and death certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force at
Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
DPFFF recommends the former service members record be corrected
to show he elected spouse only SBP coverage based on full
retired pay effective 31 January 1973. Approval should be
contingent upon receipt of a copy of the marriage certificate
and recovery of SBP premiums the decedent would have paid had he
made the election at that time. DPFFF states they are unable to
determine when the former service member and his spouse were
first married; however, their son reports the date as 12 April
1941. DFAS records reflect the member declined SBP coverage
prior to his 1 February 1973 retirement. Neither the service
members election form, nor evidence that the required notice
was or was not sent to the applicant could be located. The
service member died on 31 May 2012. There was no record the
required notice was given to the applicant. After the death of
the former service member, the widow provided a sworn statement
that she did not receive notification that her husband had
declined SBP coverage. In the event relief is granted, the
unpaid contributions to the SBP that would have been deducted
from the former service members retired pay through the date of
his death (approximately $104,849) will be collected from any
annuity payment the applicant would be entitled to receive.
The DPFFF complete evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 June 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). 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 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 injustice. We took
notice of the applicant's complete submission in judging the
merits of the case and of the favorable recommendation by Air
Force office of primary responsibility which is contingent upon
receipt of a copy of the marriage certificate and recovery of
SBP premiums. Since it appears the applicant has not provided
the requested information, the Board must deny the applicants
request at this time. However, the Board is willing to
reconsider the applicants request should the applicant provide
the requested information. Therefore, based on the above, we
find no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-00566 in Executive Session on 7 November 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 January 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 7 June 2013.
Exhibit C. Letter, SAF/MRBR, dated 21 June 2013.
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