UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-03395

COUNSEL: NONE

HEARING: NO

APPLICANT’S REQUEST. That her deceased spouse’s records be corrected to reflect he elected Survivor Benefit Plan (SBP) coverage.

APPLICANT’S CONTENTION. Both she and her deceased spouse declined coverage at the time of eligibility. However, they were never instructed or counseled on the SBP program. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS. On 14 Aug 77, the applicant and her deceased spouse were married. On 19 Aug 99, the deceased service member was notified he had completed the required years under the provisions of Title 10 United States Code (USC), §12731, and entitled to retired pay upon application at age 60. In addition, he was eligible to participate in the Reserve Component SBP (RCSBP). According to the DD Form 2656, Data for Payment of Retired Personnel, dated 17 Oct 12, provided by the applicant, her deceased spouse declined SBP coverage and she concurred with the declination. On 30 Jun 15, the service member passed away. For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION. ARPC/DPTT recommends denying the application. The applicant’s deceased spouse received guidance and instructions on the program at the initial time of eligibility and did not respond. In addition, both the applicant and her deceased spouse signed and had witnessed the most recent desired election opportunity upon application for retired pay at age 60, therefore, making the applicant ineligible to receive the benefit. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION. The Board sent a copy of the Air Force evaluation to the applicant on 31 May 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:
1.	The application was timely filed.

2.	The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

3.	After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice. The Board concurs with ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.

THE BOARD RECOMMENDS: The applicant be informed the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2015-03395 in Executive Session on 22 Mar 18:

Panel Chair Member

Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 7 Aug 15, w/atchs. Exhibit B: Documentary evidence, including excerpts from official records. Exhibit C: Advisory opinion, ARPC/DPTT, dated 15 Jun 16, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 31 May 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 2