RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03250 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The deceased service member’s record be corrected to entitle her to a Survivor Benefit Plan (SBP) annuity. ________________________________________________________________ APPLICANT CONTENDS THAT: She was misinformed and mislead on what she was signing and never received the SBP package of information, nor did she receive a notice to appear at a briefing. She is physically and mentally disabled due to the abuse she suffered at the hands of the deceased service member. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is the widow of the former service member who retired on 1 Aug 06. The remaining relevant facts are contained in the letter prepared by the Air Force office of primary responsibility (OPR) which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial indicating there is no evidence of an error or injustice. Prior to his 1 Aug 06 retirement, the service member declined SBP coverage and his spouse concurred with his election. The service member died on 25 Aug 11. His records reflect the applicant was counseled regarding SBP on 24 Apr 06. By signing the DD Form 2656, the applicant acknowledged and confirmed she understood the disadvantages and advantages of relinquishing her entitlement to SBP and willingly concurred in the service member's decision to decline SBP coverage. Although the applicant alleges spousal abuse, this case does not fit the criteria for relief under PL 103-160. On 30 Nov 93, the Transitional Compensation for Abused Dependents Program was implemented by law. The program applied to dependents of service members who were on active duty as of 29 Nov 93, and the dependents of service members who were separated from active duty as a result of a dependent-abuse offense. Furthermore, SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by law and pay the associated premiums in order to have coverage. To approve this request on the basis of the evidence submitted would be inequitable to other widows who also concurred in their spouse’s election to decline SBP. To grant her request would provide the applicant another opportunity to obtain SBP coverage after the death of the service member. The complete AFPC/DPSIAR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 Aug 12, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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; 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 the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2012-03250 in Executive Session on 13 Mar 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Nov 11, w/atch. Exhibit B. Former Service Member's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIAR, dated 21 Sep 12 Exhibit D. Letter, SAF/MRBR, dated 9 Oct 12. Panel Chair