RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04172 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband’s record be corrected to reflect he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: She was misled into signing the waiver of the SBP benefit and she would not have willingly done so, knowing what was at stake. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial, indicating there is no evidence of an error or injustice. According to Defense Enrollment Eligibility Reporting System (DEERS) records, the applicant and the deceased former member were married on 22 Oct 97. On 31 Jul 98, the Defense Finance Accounting Service – Cleveland Center (DFAS-CL) received a DD Form 2656-2, SBP Termination Request, from the member requesting termination from the SBP with the applicant’s notarized concurrence. The member died on 19 Jun 11. According to Federal statute and the law, SBP coverage is irrefutably specific on the termination feature established by Public Law 99-145. Once coverage is terminated, the decision is irrevocable unless Congress specifically approves reentry during an open enrollment. The member’s 31 Jul 98 request was a valid request and clearly shows the member did not want to reinstate SBP coverage on the applicant’s behalf. Although the applicant’s concurrence was not required, her signature confirms she agreed with the member’s decision to discontinue SBP participation, and also understood she would not receive SBP benefits upon his death, as stated on the form. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that she was misled in signing the waiver. She contends that her husband was greedy over his pension and must have spun the waiver signing into something that she was absolutely clueless about. She welcomes the possibility of receiving any amended coverage that could be a percentage of what she would normally receive under the SBP. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Other than her own uncorroborated assertions, she has presented no evidence whatsoever to indicate that she was somehow tricked into concurring with the deceased former member’s request to terminate SBP coverage. 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 the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2012-04172 in Executive Session on 7 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Sep 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFFF, dated 15 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 29 Oct 12. Exhibit E. Letter, Applicant, dated 4 Nov 12.