RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00566 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her deceased spouse’s record be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: She was unaware of any form that was required in order for her to be eligible for SBP. In support of the applicant’s appeal, she provides a letter from her son, letter from the Department of Finance and Accounting Services (DFAS), and death certificate. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: DPFFF recommends the former service member’s record be corrected to show he elected spouse only SBP coverage based on full retired pay effective 31 January 1973. Approval should be contingent upon receipt of a copy of the marriage certificate and recovery of SBP premiums the decedent would have paid had he made the election at that time. DPFFF states they are unable to determine when the former service member and his spouse were first married; however, their son reports the date as 12 April 1941. DFAS records reflect the member declined SBP coverage prior to his 1 February 1973 retirement. Neither the service member’s election form, nor evidence that the required notice was or was not sent to the applicant could be located. The service member died on 31 May 2012. There was no record the required notice was given to the applicant. After the death of the former service member, the widow provided a sworn statement that she did not receive notification that her husband had declined SBP coverage. In the event relief is granted, the unpaid contributions to the SBP that would have been deducted from the former service member’s retired pay through the date of his death (approximately $104,849) will be collected from any annuity payment the applicant would be entitled to receive. The DPFFF complete evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 June 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). 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 injustice. We took notice of the applicant's complete submission in judging the merits of the case and of the favorable recommendation by Air Force office of primary responsibility which is contingent upon receipt of a copy of the marriage certificate and recovery of SBP premiums. Since it appears the applicant has not provided the requested information, the Board must deny the applicant’s request at this time. However, the Board is willing to reconsider the applicant’s request should the applicant provide the requested information. Therefore, based on the above, 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ 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-2013-00566 in Executive Session on 7 November 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 January 2013, w/atchs. Exhibit B. Letter, AFPC/DPFFF, dated 7 June 2013. Exhibit C. Letter, SAF/MRBR, dated 21 June 2013. 2 3