RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03990 COUNSEL: NONE (DECEASED SERVICE MEMBER) (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: She believes her husband made the decision not to elect SBP coverage based on the poor health prognosis she had received. As a military wife she served alongside of her husband for 18 of the 20 years he served. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is the widow of the former service member who retired on 1 Mar 77. 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 indicating there is no evidence of an error or injustice, or any basis in law to grant relief in this case. The service member and the applicant were married on 21 Dec 61. He declined SBP coverage prior to his 1 Mar 77 retirement. They divorced on 3 Oct 89, and remarried on 1 Mar 09. The Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) has no evidence the service member submitted an SBP election on the applicant's behalf during any of the four additional open enrollment periods before his death on 12 Jun 11. The service member could have elected spouse coverage prior to his retirement, but did not. Although the applicant believes her husband felt that due to the prognosis of her medical condition that it would not be necessary to elect SBP coverage for her, it is each retiree's responsibility to elect the type and level of SBP coverage they believe is in their family's best interest. The SBP was created to provide a service member's survivors a level of protection in the event of unforeseen, future loss of income. Each service member voluntarily makes their SBP decision upon the level of risk they are willing to accept. While it is unfortunate the service member failed to elect SBP coverage on the applicant's behalf five times, it would be inappropriate to provide an additional opportunity to elect SBP coverage, an opportunity not afforded to other surviving spouses similarly situated. The complete AFPC/DPSIAR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant believes she has been disenfranchised by her husband's decision not to select SBP. She was never informed by her husband or the Air Force of his decision to decline SBP as required by law. Her husband told her on several occasions that she would be taken care of if he died; thus, indicating she would receive widow’s benefits from the Air Force. She was not aware of her husband's election not to elect SBP until she received the response from Senator XXX. The applicant’s complete response 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 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. Although the applicant believes her medical condition may have precluded the service member from electing SBP coverage, it is the responsibility of each service member to elect the SBP coverage that best suits his family situation. Furthermore, the service member had five opportunities to elect SBP coverage but failed to do so. The applicant further alleges she was not informed of the service member’s decision to decline SBP coverage as required by law. Other than her own assertions, the applicant has provided no evidence that she was not briefed on the options and effects of SBP. 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-2012-03990 in Executive Session on 7 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Aug 12, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 26 Sep 12. Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12. Exhibit D. Letter, Applicant, dated 4 Nov 12.