RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00463 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s record be corrected to reflect that he elected Survivor Benefit (SBP) Plan spouse coverage at the time of his retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: She believed that receiving SBP at the time of her husband’s death was automatic. She never received any counseling, documents, or information about SBP. In support of her appeal, the applicant provides copies of her marriage certificate and the member’s death certificate. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts, extracted from the applicant’s military service records, are contained in the evaluation provided by the Air Force office of primary responsibility at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. DPSIAR states there is no error or injustice in this case. The applicant and the decedent were married on 20 April 1968; however, the decedent declined SBP coverage prior to his 1 April 1992 retirement, and the applicant concurred with his election. A copy of the SBP election, located in the member’s finance record, reflects the applicant signed a statement concurring in the member’s election, as required by Public Law 99-145. The member could have elected SBP coverage on the applicant’s behalf during open enrollment periods authorized by Public Laws 105-261 and 108-375, but he failed to do so. The member died on 5 January 2011. DPSIAR indicates that the applicant’s claim that she never received any counseling, documents, or information about the SBP, is without merit. The Air Force Form 1267, SBP Notification and Concurrence, Section II, states a letter was sent informing her of SBP options on 29 January 1992. The applicant’s signature in Section II of the Air Force Form 1267, dated 30 March 1992, confirms she concurred with the member’s decision to decline SBP coverage. It would be inequitable to other widows, who also concurred with their sponsor’s election to decline coverage, to grant this widow another opportunity to obtain SBP coverage after the death of the member. The complete DPSIAR evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: If by signing the Air Force Form 1267 meant that she had been counseled or briefed on the SBP and notified what she was signing, that is incorrect. She did not receive any briefing or counseling of the SBP. Also, if signing the Air Force Form 1267 meant she was concurring with the election of her husband’s decision to decline the SBP annuity, she was not made aware of this, and she was not aware that by signing the form it meant she would not receive the SBP annuity. In addition, the advisory opinion states the Air Force Form 1267 indicates she received a spouse notification letter; however, this is not correct as she never received it. As far as the open enrollment period announcements being sent by letter and being advertised, she never received those either. Even if they had been received, they would not have been acted upon as her knowledge has always been that she was covered/enrolled in the SBP and that she would receive the SBP annuity upon her husband’s death. The applicant complete rebuttal 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 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 Docket Number BC- 2011-00463 in Executive Session on 20 September 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-00463: Exhibit A. DD Form 149, dated 3 Feb 11, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 7 Mar 11. Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. Exhibit D. Letter, Applicant, dated 4 May 11. Panel Chair