RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04435 APPLICANT: COUNSEL: NONE MEMBER: (DECEASED) HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband’s record be corrected to show that he elected spouse coverage, at the full level, under the Survivor Benefit Plan (SBP), naming her as beneficiary. ________________________________________________________________ APPLICANT CONTENDS THAT: When her husband retired, he made the decision to decline SBP coverage without speaking to her about the matter. She was informed that she should have received a letter from the Air Force advising her of his decision; however, to the best of her recollection, this did not happen. In support of her request, the applicant submits copies of her sworn statement, marriage certificate, husband’s certificate of death, and his DD Form 214, Report of Separation from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Information submitted by the applicant indicates that on 31 January 1976, her husband was released from active for the purpose of retirement from the Air Force in the grade of Technical Sergeant, and he died on 10 August 2013. ________________________________________________________________ AIR FORCE EVALUATION: 1. AFPC/DPFFF recommends approval. DPFFF states that there is no record that the required notice was sent to the applicant and she has provided a sworn statement that she did not receive the notification. 2. Public Law (PL) 92-425, established the Survivor Benefit Program (SBP) on 21 September 1972, and required that the spouse be informed when a married member declined or elected less than maximum spouse coverage. The intent of the spouse notification requirement was to ensure spouses, upon the sponsor's death, did not learn for the first time that they were not covered by SBP. 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 the SBP elections until passage of PL 99- 145 and it applies only to members retiring on or after 1 March 1986. 3. They recommend the member's record be corrected to show he elected spouse SBP coverage based on full-retired pay. However, approval should be contingent upon recovery of SBP premiums he would have paid had he made the election at that time. The complete AFPC/DPFFF evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 February 2014, for review and comment within 30 days (Exhibit C). To date, a response has not been received. ________________________________________________________________ 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 an injustice. After reviewing the evidence of record, we are persuaded that favorable consideration of the applicant’s request is warranted based on the favorable recommendation rendered by the Air Force office of primary responsibility indicating that there is no record the required notice was sent to the applicant and she has provided a sworn statement that she did not receive the notification. Therefore, in view of the above and absent a competing claimant, we recommend the decedent’s records be corrected as set forth below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to MEMBER, be corrected to show that: a. On 31 January 1976, he made a timely and effective election of spouse coverage under the Survivor Benefit Plan (SBP), based on full retired pay; and b. On 6 September 2013, the APPLICANT submitted a timely and effective claim for survivor benefit annuity. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 29 May 2014, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04435 was considered: Exhibit A. DD Form 149 dated 6 September 2013, w/atchs. Exhibit B. Letter, AFPC/DPFFF, dated 2 December 2013. Exhibit C. Letter, SAF/MRBR, dated 28 February 2014.