ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02070
		INDEX CODE:  137.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her deceased husband’s records be changed to show he elected Survivor Benefit Plan (SBP) coverage for her.

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STATEMENT OF FACTS

On 2 December 2004, the applicant's original request was considered and denied by the Board.  Her contention was that her spouse had filed an election for SBP.  ARPC/DPP provided an advisory on the case that indicated they had not received an election application from the member.  For an accounting of the facts and circumstances surrounding the applicant’s request and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit E.

On 18 January 2005, the applicant submitted a request for reconsideration through her congressman contending, according to law she should have been notified either that her spouse did not make an SBP election or that he had applied for a less than full coverage election.  To support her request, she provides a personal statement, and a copy of the instructions for completing DD Form 1883, Survivor Benefit Plan Election Certificate.  

Applicant’s complete submission, with attachments, is at Exhibit F.

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THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After again thoroughly reviewing the circumstances of this case, it is our opinion that favorable consideration of the applicant’s request is warranted.   We are aware of the United States Court of Federal Claims rulings in which cases where surviving spouses who are not given proper notice of their spouse’s declination of RCSBP are entitled to RCSBP.  We note that the Air Force has indicated that there is no record the applicant was provided with the required notification.  Since there is no evidence the applicant was properly advised of her spouse’s decision not to elect coverage, as required, we recommend her husband’s service record be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to Applicant, be corrected to show that on 3 December 1978, he accomplished a valid Reserve Component Survivor Benefit Plan election authorizing reduced, spouse only coverage based on $300, naming Spouse as the eligible beneficiary.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02070 in Executive Session on 1 March 2005, under the provisions of AFI 36-2603:

	XXXX X. XXXX, Panel Chair
	XXXX X. XXXX, Member
	XXXX X. XXXX, Member

The following documentary evidence was considered:

Exhibit E.  Record of Proceedings, dated 7 December
 2004, with exhibits A through D.
    Exhibit F.  Letter from C/M Deal, dated
 6 Jan 05, w/atchs.

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of The Assistant Secretary

AFBCMR BC-2004-02070

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

            The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 3 December 1978, he accomplished a valid Reserve Component Survivor Benefit Plan election authorizing reduced, spouse only coverage based on $300, naming Spouse as the eligible beneficiary.