RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02186

						COUNSEL:  NONE
		(DECEASED)
						HEARING DESIRED:  NO 
		(APPLICANT)

APPLICANT REQUESTS THAT:

Her deceased spouse’s records be corrected to reflect he elected spouse coverage under the Survivor Benefit Plan (SBP) and designated her as beneficiary.  

APPLICANT CONTENDS THAT:

She never received any benefits because her spouse was unaware that he was entitled to death benefits.  She is 92 years old and is currently living on social security benefits.  Spouses of other veterans were recently advised to apply for benefits.  

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

STATEMENT OF FACTS:

Records reflect that on 31 May 1977, the decedent was transferred to the Retired Reserve effective 1 October 1961 with 20 honorable years of service.  Since he did not complete 20 satisfactory years, he was not eligible for Reserve Retired pay.  

According to a Certificate of Death issued by the state of California, submitted by the applicant, her spouse died on 31 January 1982, at the age of 66.  

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 C.  

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  In accordance with Title 10 United States Code, Section 1448, Application of Plan, persons eligible to participate in the Survivor Benefit Plan are entitled to retired pay or would be eligible for Reserve Component retired pay but for the fact that they are under 60 years of age.  After a review of the service member’s record it was found that he did not retire from the Regular Air Force.  Also, the pay record at the Defense Finance and Accounting Service – Cleveland reflects that he was not receiving retirement pay at the time of his death.  In order for a widow to be eligible for any of the annuity Plans (Retired Serviceman Family Protection Plan or Survivor Benefit Plan) offered by the Department of Defense, the member had to be retired and receiving retired pay.  In addition, the service member’s records reflect that he did not acquire 20 years of satisfactory service in the Air Force Reserve or the Air National Guard, deeming him ineligible to participate in the Reserve Component Survivor Benefit Plan.  

A complete copy of the ARPC/DPTT 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 13 November 2015 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.  

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 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Although we empathize with the applicant, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.  

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-2015-02186 in Executive Session on 11 May 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02186 was considered:

	Exhibit A.  DD Form 149, dated 18 May 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 8 October 2015,  
                 w/atch.  
	Exhibit D.  Letter, AFBCMR, dated 13 November 2015.