RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05091
		COUNSEL: NONE
		HEARING DESIRED: NOT INDICATED

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APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to reflect that he 
made an election for spouse coverage under the Survivor Benefit 
Plan (SBP). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 28 Jul 12, she submitted a DD Form 2656-6, Survivor Benefit 
Plan Election Change Certificate.  Her SBP benefits were denied 
because her deceased husband failed to claim he was married at 
the time of his retirement on 1 Jan 03.  However, they were 
married but divorced on 24 Feb 03.  

In support of her appeal, the applicant provides copies of her 
husband’s DD Form 214, Certificate of Release or Discharge from 
Active Duty; divorce decree, DD Form 2656-6, marriage and death 
certificates. 

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

_________________________________________________________________

STATEMENT OF FACTS:

The deceased member and the applicant were married to each other 
on three separate occasions; 1 Jun 93 (divorced 15 Dec 97); 
11 Aug 00 (divorced 24 Feb 03) and 7 Jul 12.

According to his death certificate, the former member died on 
16 Aug 12.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

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AIR FORCE EVALUATION: 

HQ ARPC/DPTT recommends approval.  DPTT states that they should 
have provided the deceased member with spouse coverage under the 
SBP as prescribed by DoD FMR Vol 7B, Chapter 44, paragraph 
440201(A).  

On 29 May 97, the deceased member was notified of his 
eligibility to participate in the RCSBP; since he failed to 
respond within the 90-day period dictated by law, he was 
automatically covered under Option “A”, “Defer to make an 
election until age 60.”  

On 13 Jan 03, the deceased member completed a DD Form 2656, Data 
for Payment of Retired Personnel, to apply for an Active Guard 
Reserve (AGR) retirement.  He elected not to participate in SBP 
with any eligible dependents.  According to the Defense 
Enrollment Eligibility Reporting System (DEERS), he was married 
during this time.  The DD Form 2656, section XI states that “SBP 
spouse concurrence is required when member is married and elects 
child only coverage, does not elect full spouse coverage, or 
declines coverage.”  DPTT states they were unaware of the 
deceased member’s marital status and accepted the form as a 
valid election without spousal concurrence.  In addition, DFAS 
also accepted the DD Form 2656 and declined his SBP coverage.  

In accordance with DoD FMR, Volume 7B, chapter 44, paragraph 
440201(A) “The spouse is an eligible beneficiary if married to a 
retiree on date of retirement.  Unless the member elects 
otherwise before retirement, the spouse and/or children are 
automatically designated as the beneficiaries even though the 
beneficiary data is not received before the date of retirement.”  
The applicant was married to the deceased member on the date of 
his retirement.

DPTT states that the deceased member’s records should be 
corrected to show that spouse coverage was presumed under the 
SBP effective the date of his retirement.  

The complete DPTT evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Feb 13, for review and comment within 30 days 
(Exhibit D).  As of this date, this office has received no 
response.

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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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice.  We note the Air 
Force office of primary responsibility recommends the deceased 
member’s records be corrected to reflect he submitted a valid 
election for spouse only SBP coverage based on full retired pay 
effective 1 Jan 03.  Nonetheless, since an election to 
participate in the SBP programs are generally made at the time 
of retirement, we recommend his records be corrected to show 
that on 31 Dec 02, he elected spouse only SBP coverage based on 
full retired pay.  Accordingly, we recommend the decedent’s 
records be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the deceased service member be corrected to 
show that on 31 Dec 02, he elected spouse only Survivor Benefit 
Plan (SBP) coverage based on full retired pay.  

_________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05091 in Executive Session on 20 Aug 13, under 
the provisions of AFI 36-2603:

				 		Panel Chair
      Member
					Member

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Oct 12, w/atchs. 
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPTT, 11 Feb 13, w/atchs. 
	Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 13. 




								
								Panel Chair