RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01368

 					COUNSEL:  NONE

					HEARING DESIRED:  NOT INDICATED 



APPLICANT REQUESTS THAT:

Her deceased spouse’s record be corrected to reflect he made a 
timely election for spouse coverage under the Survivor Benefit 
Plan. 


APPLICANT CONTENDS THAT:

She and her husband were not married when he received the 
20 year letter regarding his SBP election.  He was in the 
process of correcting his records when he became ill and was 
diagnosed with stage four lung cancer with metastasis.  

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


STATEMENT OF FACTS:

The decedent is a former member of the Air Force Reserve who was 
assigned to the Retired Reserve List effective 2 March 1998 in 
the rank of master sergeant.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit B.    


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  The decedent was not married at 
the time of his initial eligibility to make an election on 
12 June 1996.  Due to his non-response, an automatic update for 
Option A, deferred his election until age 60.  

The decedent and the applicant were married on 1 November 2009.  
The decedent did not notify the Air Reserve Personnel Center of 
his desired election change within the required time frame.  In 
accordance with 10 USC 1448 (a)(5)(B), “Manner and time of 
election – Such an election must be written, signed by the 
person making the election and received by the Secretary 
concerned within one year after the date which the person 
marries or acquires the dependent child.”  

The decedent did not notify ARPC of his dependent change within 
the required timeframe.  

A complete copy of the ARPC/DPTT evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states she and the decedent were married on 
1 November 2009.  On 27 September 2011, she applied for a 
military identification card.  She understood this to mean the 
records for the decedent’s retirement pension and medical 
benefits were updated.  

The decedent would have been 60 on 22 November 2015.  He had 
begun corresponding with the Air Force, however, his health 
declined and he passed away on 29 March 2015.  Had he made 60, 
she would have been eligible to collect his retirement pension 
and medical benefits.  As the surviving spouse, she hopes to 
receive these benefits. 

A complete copy of the applicant’s response, with attachment, 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 timely filed.

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 that the 
deceased former member did not notify the Air Reserve Personnel 
Center of his desired election change within the required time 
frame.  The facts and opinions stated in the advisory opinion 
appear to be based on the evidence of record and have not been 
adequately rebutted by the applicant.  While the applicant’s 
situation is regrettable, we find no basis to grant the relief 
sought in the application.  Accordingly, the applicant’s request 
is not favorably considered.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2015-01368 in Executive Session on 2 March 2016 under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Mar 15, w/atchs.
	Exhibit B.  Memorandum, ARPC/DPTT, dated 1 May 15.
	Exhibit C.  Letter, SAF/MRBR, dated 6 Jul 15.
	Exhibit D.  Letter, Applicant’s Response, dated 17 Aug 15, 
                 w/atch.