RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00862
		COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be named as the Survivor Benefit Plan (SBP) beneficiary.

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APPLICANT CONTENDS THAT:

She was married to the former member for 63 years; however, he 
passed away on 10 Dec 11.  She was not aware of the SBP form 
until her husband died.  She was listed on all other policies.  

In support of her request, the applicant provides a copy of her 
marriage license and a copy of the former member’s death 
certificate.

Her complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

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

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  Public Law (PL) 92-425 authorized 
an enrollment period for members, who were already retired on 
that date, to elect SBP coverage.  A member, who is married at 
the time of first being eligible to provide SBP coverage and 
fails to do so, may not later elect coverage for that person, or 
another person of the same category, unless Congress authorizes 
an open enrollment period.  There were five open enrollments 
periods; however, there is no evidence the member returned a 
valid SBP election during that time. Additionally, SBP premiums 
were not deducted from the member’s retired pay.

There is no legal authority for the Air Force to pay the 
applicant an SBP annuity because the member retired before the 
implementation of the SBP and he did not choose to provide SBP 
coverage for her when he was eligible to do so.  There is no 
evidence of error or injustice in this case.  Furthermore, there 
is no provision in law to grant relief.

The complete DPFFF evaluation 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 28 Jun 13 for review and comment within 30 days.  
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.  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.  Therefore, in the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00862 in Executive Session on 7 Nov 13, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Feb 13, w/atchs.
    Exhibit C.  Letter, AFPC/DPFFF, dated 7 Jun 13.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jun 13.
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