RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:
			DOCKET NUMBER:  BC-2013-05461
			COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her late spouse’s record be changed to show he elected spouse 
coverage under the Survivor Benefit Plan (SBP).


APPLICANT CONTENDS THAT:

At the time of her husband’s retirement in June 1988, she was 
not informed of her survivor benefit rights as a spouse.  She 
did not sign a DD Form 2656, Survivor Benefit Plan Election 
Change Certificate.  The military failed in their responsibility 
to make sure that she was informed and represented.  She 
believes this to be an injustice.

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


STATEMENT OF FACTS:

The Defense Enrollment Eligibility System (DEERS) records show 
the applicant and the decedent married on 11 August 1980.  
Microfiche records produced by the Air Force Accounting and 
Finance Center (AFAFC) from July 1989 reflect the decedent 
declined SBP coverage with the applicant's concurrence prior to 
his 1 July 1988 retirement.

The member died on 4 July 2006, and no SBP premiums were ever 
deducted from his retired pay.











AIR FORCE EVALUATION:

DPFFF recommends denial.  DPFFF states there is no evidence the 
member submitted an election during the 1992 through 1993, 
1999 through 2000, or 2005 through 2006 open enrollment periods.

Even though the applicant claims she was not provided an SBP 
election to sign and was not informed of the member’s election, 
finance records reflect she concurred in his election to decline 
SBP coverage.  Absent a valid election, DFAS would have 
established full spouse and child coverage to comply with the 
law.  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 October 2008 for the 
coverage to become valid.

The complete DPFFF evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that she was not present when her late 
husband processed out, nor was she contacted by anyone or given 
forms to sign.  She did not know he declined coverage.  The SBP 
counselors and AFAFC technicians did not do their jobs.  The 
very absence of the DD Form 2656 in the system, when every other 
document was found, is proof in itself that this form does not 
exist.  Title 10 U.S.C., Section 1448 states “Spouse’s 
concurrence must be obtained and dated on or after the date of 
the member's election, but before the retirement/transfer date.  
If concurrence is not obtained when required - maximum coverage 
will be established for your spouse and child(ren) if 
appropriate.”

The applicant’s complete response 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  We took 
notice of the applicant's complete submission, to include her 
rebuttal comments, 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 is not a 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 an error or an 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-2013-05461 in Executive Session on 30 October 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 15 November 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPFFF, dated 18 March 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 8 August 2014.
  Exhibit D.  Letter, Applicant, not dated.