RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00189 

 INDEX CODE: 137.00 

 COUNSEL: NONE 

 (DECEASED) HEARING DESIRED: NO 

 (APPLICANT) 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be entitled to receive her husband’s Survivor Benefit Plan 
(SBP) annuity. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

When her husband retired on 1 Dec 83 from the Air Force he did not 
have any eligible dependents to participate in SBP. Subsequently, 
they were married on 18 Dec 98; however, they did not know about 
the plan. 

 

In support of her request, applicant provides a copy of her 
marriage certificate, a photo copy of their ID cards, a copy of her 
husband’s death certificate, and a copy of a letter from her 
husband’s commander. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The decedent enlisted in the Regular Air Force on 22 May 59. He 
was progressively promoted to the grade of chief master sergeant 
(E-9), having assumed that grade effective and with a date of rank 
of 1 Apr 80. 

 

The decedent’s records reflect he declined SBP coverage prior to 
his retirement on 1 Dec 83. The former member and applicant 
married on 18 Dec 98 and the former member died on 7 Oct 09. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states that although the 
former member declined SBP coverage when he retired, regardless of 
his marital status at that time, he could have elected SBP coverage 

 
on behalf of the applicant during two open enrollment periods 
authorized by Public Law, but he failed to do so. Therefore, 
DPSIAR finds no evidence of an error or injustice in this case. 

 

The DPSIAR complete 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 9 Apr 10 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

___________________________________________________________________ 

 

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 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 that the applicant has 
not been the 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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that 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-2010-00189 in Executive Session on 20 May 10, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence for Docket Number BC-2010-00189 
was considered: 

 

 Exhibit A. DD Form 149, dated 11 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIAR, dated 26 Feb 10. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Apr 10. 


 Panel Chair