RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01715 INDEX CODE:	137.00

COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her deceased husband’s records be corrected to show he elected coverage for her under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:
She was not aware that her husband had decided not to enroll in the SBP program. She and her husband were married for 30 years and lived continuously as husband and wife until his death.

In support of her request, applicant provided a personal sworn statement, a DD Form 2656-7, Verification for Survivor Annuity, a copy of her husband’s death certificate and their marriage certificate.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The Air Force indicates the applicant and the decedent were married on 20 May 77. Defense Finance and Accounting Service – (DFAS) records indicate the member declined SBP coverage prior to his 1 Mar 85 retirement. An entry in the finance centers transaction history made at the time of the member’s retirement shows that the required spouse notification letter was received, authorizing the finance center to validate the decedent’s election to decline the SBP. The member died on 13 Oct 07.

AIR FORCE EVALUATION:

HQ AFPC/DPSIAR recommends denial, stating there is no evidence of error or injustice on the part of the Air Force.

There was no requirement for spouses to concur in the SBP elections until the passage of Public Law (PL) 99-145 and this applied only to members retiring on or after 1 Mar 86.

The intent of the spouse notification requirement was to ensure spouses, upon the sponsor’s death, did not learn for the first time they were not covered by SBP. Notwithstanding the failure of the finance center to retain documentation of that notification, in this case the record clearly and specifically reflects the required notice was sent to the applicant. Nevertheless, the applicant has provided a sworn statement alleging that she was not aware her husband did not elect SBP coverage. Even though copies of spouse notification letters may not have been retained by the finance center, the history transaction annotation in the decedent’s record complied with standard procedures for documenting that the required spouse notification was or was not properly accomplished. Furthermore, there is no record the member submitted an election on the applicant’s behalf under either PL 101-189 or 105-261. Had he made an election on the applicant’s behalf during the open enrollment authorized by PL 108-375, he would have been required to live at least until 1 Oct 08 for the coverage to become valid. In the event relief is granted, the unpaid contributions to the SBP that would have been deducted from the member’s retired pay through the date of his death (approximately $100,730) will be collected from any annuity payment the applicant would be entitled to receive.

The DPSIAR evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 Jul 08, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received.

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 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 recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The former service member had three opportunities to establish survivor benefit coverage in the applicant’s behalf; however, there is no evidence that he made an attempt to do so.  Based on the forgoing, and in
1.	
the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this 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 Docket Number BC-2008-01715 in Executive Session on 25 September 2008, under the provisions of AFI 36-2603:

, Panel Chair, 
Member
, Member
The following documentary evidence pertaining to Docket Number BC-2008-01715 was considered:

Exhibit A.	DD Form 149, dated 14 Apr 08, w/atchs. Exhibit B.	Letter, AFPC/DPSIAR, dated 24 Jun 08. Exhibit C.	Letter, SAF/MRBR, dated 11 Jul 08.

Panel Chair