RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03166

	 		COUNSEL: NONE
	 
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Her deceased husbands record be corrected to reflect he elected 
spouse and child coverage under the Survivor Benefit Plan (SBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

When her husband retired from active duty in 1981, he enrolled 
in SBP for child only coverage without her knowledge.  
Additionally, she was never notified of that decision. 

In support of this appeal, the applicant provides a notarized 
statement, the former member’s death certificate, an affidavit 
of correction, marriage certificate and the decedent’s DD Form 
214, Certificate of Release or Discharge from Active Duty.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The decedent is a former member of the Air Force who retired on 
30 September 1982 in the grade of technical sergeant.

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  Public Law 92-425, which 
established SBP effective 21 September 1972, required that the 
spouse be informed when a married member declined or elected 
less than maximum spouse coverage.  The U.S. Court of Claims has 
consistently ruled that widows of members retiring after SBP’s 
implementation, who were not given notice of the sponsor’s 
election, are entitled to full SBP coverage.  There was no 
requirement for spouses to concur in SBP election until the 
passage of PL 99-145, which applies only to member’s retiring on 
or after 1 March 1986.

The applicant and the decedent were married on 19 July 1963.  
The Defense Finance and Accounting Service records reflect the 
decedent elected child only SBP coverage prior to his 1 October 
1981 retirement.  Neither the decedent’s form, nor evidence that 
the required notice was sent to the applicant could be located.  
The former member died on 9 June 2013.

There is no record the required notice was given to the 
applicant.  Even after the death of the retired member, the 
applicant provided a sworn statement that she did not receive 
notification that her husband declined SBP coverage.

The decedent’s record should be corrected to show he elected 
spouse and child coverage on 30 September 1981 based on full 
retired pay.  Approval should be contingent upon recovery of SBP 
premiums the decedent would have paid had he made the election 
at that time.

The complete DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 7 August 2013, for review and comment within 
30 days (Exhibit C).  As of this date, this office has received 
no response.

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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.  Sufficient 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.  After thoroughly reviewing the evidence submitted, we 
are persuaded the applicant is entitled to the relief she seeks.  
There is no evidence the applicant received the required notice, 
in accordance with Public Law 92-425, that her husband elected 
less than maximum spousal coverage under SBP.  Accordingly, we 
recommend the record be corrected as indicated below.

________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
30 September 1981, he made a timely and effective election for 
spouse and child(ren) coverage under the Survivor Benefit Plan 
(SBP) based on full retired pay.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03166 in Executive Session on 29 May 2014, under 
the provisions of AFI 36-2603:


All members voted to correct the record, as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Jun 13.
	Exhibit B.  Letter, AFPC/DPFFF, dated 22 Jun 13.
	Exhibit C.  Letter, SAF/MRBR, dated 7 Aug 13.


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