Search Decisions

Decision Text

AF | BCMR | CY2013 | BC-2013-00566
Original file (BC-2013-00566.txt) Auto-classification: Denied


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 spouse’s 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 applicant’s 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 applicant’s 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 member’s 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 
member’s 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 member’s 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 applicant’s 
request at this time.  However, the Board is willing to 
reconsider the applicant’s 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.





2


3



Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 05676

    Original file (BC 2013 05676.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05676 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated the beneficiary for her former spouse’s Survivor’s Benefit Plan (SBP). As such, we find the death certificate provided by the applicant sufficient to conclude that the decedent was not married at the time of his death. ...

  • AF | BCMR | CY2014 | BC 2014 00125

    Original file (BC 2014 00125.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF recommends the requested relief be granted. Under the provisions of SBP, the spouses of married service members had to be informed when the service member declined SBP coverage, or elected less than the maximum level of coverage. A complete copy of the AFPC/DPFFF...

  • AF | BCMR | CY2012 | BC-2012-04626

    Original file (BC-2012-04626.txt) Auto-classification: Approved

    ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, stating, in part, there is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedent's record be corrected to reflect on 1 Feb 94, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. Considering the applicant failed to execute a deemed...

  • AF | BCMR | CY2013 | BC 2013 03731

    Original file (BC 2013 03731.txt) Auto-classification: Approved

    The decedent elected spouse and child SBP coverage based on a reduced level of retired pay prior to his 1 Jul 95 retirement. There is no evidence either party submitted a valid election to change spouse to former spouse coverage within the first year following their divorce as the law requires. The complete DPFFF evaluation is at Exhibit F. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant acknowledges the change to the advisory opinion to recommend the decedent’s record...

  • AF | BCMR | CY2013 | BC 2013 05614

    Original file (BC 2013 05614.txt) Auto-classification: Approved

    There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedent’s record be corrected to reflect that on 1 Jul 87, he elected to change RCSBP spouse to former spouse coverage based on full retired pay, naming the applicant as the eligible beneficiary. SBP premiums were deducted from the decedent’s retired pay until his 28 Jun 11 death. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...

  • AF | BCMR | CY2014 | BC 2014 00167

    Original file (BC 2014 00167.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00167 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated as the former spouse beneficiary under the Survivor’s Benefit Plan (SBP). There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedent’s record be corrected to reflect that on...

  • AF | BCMR | CY2014 | BC 2014 00195

    Original file (BC 2014 00195.txt) Auto-classification: Denied

    APPLICANT CONTENDS THAT: In a two-page brief, through counsel, the applicant contends the following: Her former spouse intended for her to be the SBP beneficiary from the date of their divorce on 18 May 99, to the date of his death. The Board should consider her untimely application in the interest of justice because she did not discover the error until after the death of her former spouse. There is no evidence of Air Force error in this case and absent a competing claimant, we recommend...

  • AF | BCMR | CY2013 | BC-2013-00672

    Original file (BC-2013-00672.txt) Auto-classification: Approved

    They note that the record should be corrected to show that, effective 30 Nov 76, the decedent elected spouse only SBP coverage based on full retired pay. In this case, as in all Barber cases, the facts are essentially the same: there is no record the required notice was sent to the applicant and the applicant has provided a sworn statement that she did not receive notification that the decedent had declined SBP coverage. ________________________________________________________________ THE...

  • AF | BCMR | CY2013 | BC 2013 03166

    Original file (BC 2013 03166.txt) Auto-classification: Approved

    There is no evidence the applicant received the required notice, in accordance with Public Law 92-425, that her husband elected less than maximum spousal coverage under SBP. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 30 September 1981, he made a timely and effective election for spouse and child(ren) coverage under the...

  • AF | BCMR | CY2014 | BC 2014 00389

    Original file (BC 2014 00389.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00389 COUNSEL: NONE (DECEASED SERVICE MEMBER) HEARING DESIRED: NO (APPLICANT) APPLICANT REQUESTS THAT: Her deceased former spouse’s records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP), naming her as the former spouse beneficiary. The remaining relevant facts pertaining to this application are described in the...