RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02443 

 

 (DECEASED) COUNSEL: NONE 

 (APPLICANT) 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late spouse’s records be corrected to reflect that he made a 
timely election for spouse coverage under the Survivor Benefit 
Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Their focus was on her husband’s declining health and not 
updating documents. 

 

In support of the applicant’s appeal she provides copies of her 
spouse’s death certificate, their marriage license and documents 
extracted from his medical records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Prior to his 1 Sep 01 retirement, the member was unmarried and 
elected child only SBP coverage based on full retirement pay. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states it is unfortunate 
the service member’s health declined after his marriage; however, 
there is no basis in law which would entitle the applicant to 
SBP. 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 
their marriage. If the previously single service member marries 
after retirement and fails to elect SBP coverage within the 


allotted period; the coverage under SBP cannot be elected for 
that spouse or any spouse in the future unless Congress 
authorizes an open enrollment. SBP is similar to commercial life 
insurance in that an individual must elect to participate during 
the opportunities provided by law and pay the associated premiums 
in order to have coverage. To approve this request on the basis 
of the evidence submitted would be inequitable to those members, 
who chose to participate when eligible and subsequently received 
reduced retired pay, and to other widows, whose sponsors chose 
not to participate. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 Jan 11, for review and comment within 30 days. 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 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 an error or an injustice. We took 
notice of the applicant’s complete submission, to include the 
rebuttal response, in judging the merits of the case; however, we 
agree with the opinion and the recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion that the applicant has failed to sustain 
her burden of proof of the existence of an error or injustice. 
The applicant’s contentions are duly noted; however, the service 
member failed to notify the finance center of the change in his 
marital status, or elect spouse coverage for the applicant within 
the first year of their marriage. Furthermore, the evidence 
submitted does not reflect the service member was deemed 
incapable of making a valid election for SBP coverage for the 
applicant. While the applicant’s situation is unfortunate in the 
absence of evidence of an error or an injustice on the part of 
the Air Force, we find no basis to recommend granting the relief 
sought in this application. 

 

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 issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of a 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-2010-02443 in Executive Session on 26 Jul 11, under the 
provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Jun 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 5 Jan 11. 

 Exhibit C. Letter, SAF/MRBR, dated 28 Jan 11. 

 Exhibit D. Letter, Applicant, dated 6 Feb 11, w/atchs.