RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-02533

(DECEASED)		COUNSEL:  NONE

(APPLICANT)		HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her former husband’s military records be corrected to reflect that he elected full spouse coverage under the Survivor Benefit Plan (SBP), naming her as the beneficiary.

APPLICANT CONTENDS THAT:

She and the former member married on 1 Oct 11.  Several documents were filed in Oct 11 that were either lost or misfiled.

Her husband died 8 Aug 14.

In August 14 she was informed that she was eligible for the SBP but the proper paperwork was not in place.  

In support of her request, the applicant’s provides copies of the documents she submitted in Oct 11 and various others documents associated with her request.

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

STATEMENT OF FACTS:

According to the DD Form 214, Certificate of Release or Discharge from Active Duty, the former service member retired on 1 May 93. 

According to the former service member’s AF Form 1266, Survivor Benefit Plan (SBP) Election, on 15 Jan 93, he elected child only coverage based on full retired pay.

According to the Defense Enrollment Eligibility Reporting System (DEERS), on 1 Oct 11, the former service member and the applicant were married.

According to a Certificate of Death, on 8 Aug 14, the former service member died.

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:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice.  The Defense Finance and Accounting Service (DFAS) has no record of receipt of an SBP election from the decedent requesting to establish spouse coverage on the applicant’s behalf before the first anniversary of their marriage.  SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by the law and pay the associated premiums in order to have coverage.

Survivors of military retirees may continue to receive a portion of the sponsor’s retired pay only if the member was a participant in one of the annuity plans offered by the Department of Defense.  There is no legal authority for the Air Force to pay the survivor an annuity if the member did not choose to provide coverage on the survivor’s behalf.

Service members, who are single when they retire, may elect coverage for the first spouse acquired after retirement; however, the election must be submitted before the first anniversary of that marriage.  If a previously single member marries and fails to elect SBP spouse coverage within the allotted time, SBP coverage cannot be elected for that spouse or any spouse acquired in the future unless Congress authorizes an open enrollment.

The former service member was unmarried and elected child only coverage based on full retired pay prior to his 1 May 93 retirement.  On 1 Oct 11, the former service member and the applicant were married, but he did not notify DFAS of the change to his marital status, or request SBP coverage be established on the applicant’s behalf within the first year of their marriage.  The youngest child lost eligibility on 30 Jun 06 due to age.  On 8 Aug 14, the former service member died.

A complete copy of the AFPC/DPFFF evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that in August 2014, she spoke with someone at the base and made the application for SBP.  At that time, she was assured that all of the required forms and paperwork was complete and she would be receiving a monthly benefit of a little over $800.  She later received a letter, dated 4 Oct 14, indicating that her husband elected child SBP, the child lost eligibility due to age, and her husband never opted to change the coverage at any time.  She called to inquire about the letter and was told the SBP election form was missing.  She was then advised to file an application for the correction of records.  When she and her husband visited the base on 12 Oct 11, it was their understanding that they had completed all forms necessary for her to receive health insurance as well as survivor benefits.  

In further support of her request, the applicant provides copies of a memorandum from DFAS with attachment and other documents in support of her request.

A complete copy of the applicant’s response, with attachments, 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 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, 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-2015-02533 in Executive Session on 11 May 16 under the provisions of AFI 36-2603:

					    , Panel Chair
				  , Member
					    , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02533 was considered:

	Exhibit A.  DD Form 149, dated 12 Jun 15, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPFFF, dated 20 Oct 15.
	Exhibit C.  Letter, AFBCMR, dated 4 Nov 15.
	Exhibit D.  Letter, Applicant, dated 1 Dec 15, w/atchs.