RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01987 

 COUNSEL: 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased spouse’s records be corrected to reflect that he 
elected spouse only coverage under the Survivor Benefit Plan 
(SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She did not go to the office with her spouse when he signed his 
retirement papers. She believed that she would be named as his 
beneficiary and he told her that she would receive his pension. 
In 1987, when he died, they were still married. She filed for 
the SBP annuity and was informed that her husband never elected 
SBP spouse coverage. She recently found out she could apply for 
correction to his records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The member retired on 1 Mar 73. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends approval. DPSIAR states the U.S. Court of 
Claims has consistently ruled that widows who are not given 
notice of their sponsor’s election are entitled to full SBP 
coverage. 

 

DPSIAR notes that in all of these cases, the facts were 
essentially the same as in this case except the applicant failed 
to request correction within six years of the member’s death and 
her notarized statement claiming the member had told her “over 
and over again” that she was to receive his pension does not meet 
the standard criteria for a affidavit, i.e., (1) she was 
not notified at the time of his retirement that he did not elect 
SBP coverage on her behalf; and (2) her sworn statement, to 


satisfy the legal requirement, must include: “I state, under 
penalty of perjury of the laws of the United States, that the 
foregoing is true and correct. I certify this statement is made 
with full knowledge of the penalty for making false statements 
(18 U.S.C. 1001 provides for a fine or not more than 5 years in 
prison, or both).” 

 

DPSIAR states that in the event relief is granted and the Barring 
Act is waived all unpaid contributions to the SBP that would have 
been deducted from the member’s retired pay through the date of 
his death (approximately $21,000) will be collected for any 
annuity payment the applicant would become entitled to receive. 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflect the parties were married on 30 Jun 56. 

 

Microfiche records from the Air Force Accounting and Finance 
Center (AFAFC) show the member declined SBP coverage prior to his 
1 Mar 73 retirement. Finance records are routinely destroyed six 
years after a retiree’s death and there is no longer a copy of 
the member’s election form or evidence that the required notice 
was sent to the applicant. The decedent did not elect coverage 
for the applicant during the SBP open enrollment authorized by 
Public law 97-35 (1 Oct 81 to 30 Sep 82) 

 

The former servicemember died on 22 Jan 87. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant provided a copy of the notarized statement as 
requested by DPSIAR above. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit D. 

 

_________________________________________________________________ 

 

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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. After a thorough 
review of the available evidence, we are persuaded that 
corrective action is warranted in this case. In this respect, we 
note that since the applicant has provided a notarized statement 
that she was not notified at the time of the member’s retirement 
that he did not elect SBP coverage on her behalf and in view of 
the findings in XXXX, we agree with the favorable 
recommendation of the Air Force office of primary responsibility 
and noting the recommends granting the applicant’s request. In 
view of the above, we recommend the applicant’s records be 
corrected as set forth below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to FORMER MEMBER, be corrected to show that on 1 March 
1973, he elected spouse only coverage based on full retired pay 
under the Survivor Benefit Plan, naming APPLICANT as the eligible 
beneficiary. 

 

_________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 13 Mar 13, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 

, Member 

, Member 

 

All members voted to correct the record as indicated. The 
following documentary evidence was considered in AFBCMR BC-2012-
01987: 

 

 Exhibit A. DD Form 149, dated 25 Apr 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 2 Jul 12. 

 Exhibit C. Letter, SAF/MRBR, dated 7 Aug 12. 

 Exhibit D. Letter, Applicant, dated 13 Aug 12, w/atchs. 

 

 

 

 

 PANEL CHAIR