RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02055
		INDEX CODE: 137.04

	(DECEASED)	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show that he elected to participate in the Retired Serviceman’s Family Protection Plan (RSFPP).

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APPLICANT CONTENDS THAT:

Her deceased husband made the election to participate in the RSFPP upon retirement and on previous dates.  He elected to have her receive benefits under the RSFPP.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the deceased member’s military records, are contained in the letter prepared by the appropriate office of the Air Force attached at Exhibit C. 

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AIR FORCE EVALUATION:

AFPC/DPPTR indicated that microfiche records from the Air Force Accounting and Finance Center from December 1978 (the oldest retired pay records in existence) show no deductions from the former servicemember’s retired pay for RSFPP coverage.  The records also show he returned a form declining participation in the Survivor Benefit Plan (SBP) on the applicant’s behalf during the initial open enrollment period (21 September 1972 - 20 March 1974).  The decedent retired effective 1 June 1970.  DPPTR cannot determine if the decedent’s RSFPP was or was not properly established when he retired.  However, he was not a participant at the time of his death on 9 April 1984.  The RSFPP election form provided by the applicant reflects he elected spouse and child coverage with Option 4.  Therefore, it is reasonable to assume he exercised his right to permanently terminate the RSFPP coverage he originally elected.  Retirees were not required to return an SBP election form; however, the decedent’s intent to not extend SBP coverage was apparent by his submission of a form declining SBP coverage.  

DPPTR recommended that the request be denied.  However, if the Board recommends granting the request, the decedent’s record should be corrected to show RSFPP spouse and child coverage based on one-half of his retired pay was established effective 1 June 1970.

A complete copy of the evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and stated that if the premiums were not deducted, the error was on the part of the Air Force, not her deceased husband.  She does not agree that he elected to terminate the coverage and requested copies of any records indicating he did.

Applicant's complete response is attached at Exhibit E.

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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 probable error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that her late husband’s records should be corrected so that she may receive an SBP annuity.  Microfiche of the deceased member’s pay records indicates no deductions for RSFPP coverage and that SBP coverage was declined, as shown by the “D” in the SBPIC column.  The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that her late husband’s intent not to extend SBP coverage was apparent by his submission of the form to decline SBP coverage.  Therefore, without evidence to the contrary that the applicant has suffered an error or an injustice, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 20 November 2001, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated Jul 2001, w/atchs.
    Exhibit B.  Deceased Member’s Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 22 Aug 2001.
    Exhibit D.  Letter, SAF/MIBR, dated 31 Aug 2001.
    Exhibit E.  Letter, Applicant, dated 11 Sep 2001.