RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05902 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her husband’s records be corrected to reflect he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ APPLICANT CONTENDS THAT: Her husband was not married nor had any dependents at the time of his retirement on 1 Nov 1968 and as a result did not need SBP or the Retired Serviceman’s Family Protection Plan (RSFPP). However, they were married on 2 Apr 1982 and he reported the marriage. He assumed she would be entitled to SBP or RSFPP automatically but did not remember the specifics about the SBP coverage. In support of her request, the applicant provides a personal statement and copies of his death and their marriage certificates. Her complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit B. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends denial. The member had at least four opportunities to elect SBP coverage for the applicant, but failed to do so. 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. It 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, to provide entitlement to this widow on the basis of the evidence presented. There is no evidence of an error or injustice and no basis in law to grant relief. The complete DPFFF evaluation is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her husband notified the military when they married in 1982 and she was named the beneficiary to all benefits as the sole survivor. Now that he has passed, she is not receiving SBP and it is a hardship for her to maintain the lifestyle they achieved. It is an injustice to not grant SBP as her husband’s intent and understanding was that she would receive SBP. She does not believe that her husband would not have agreed to SBP for her. Her 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 injustice. The applicant’s complete submission was thoroughly reviewed and her contentions were duly noted. However, we do not find her assertions sufficiently persuasive to override the rationale provided by the Air Force Office of Primary Responsibility (OPR). Therefore, we agree with the opinion and recommendation of the Air Force OPR 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-2012-05902 in Executive Session on 7 Nov 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Dec 2012, w/atchs. Exhibit B. Letter, AFPC/DPFFF, dated 22 Mar 2013. Exhibit C. Letter, SAF/MRBR, dated 6 Apr 2013. Exhibit D. Letter, Applicant, dated 30 Apr 2013. Panel Chair