RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03318 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her deceased spouse’s records be corrected to show that he elected her to receive full spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: Her husband’s SBP election was in error. He stated for thirty five years that her benefits would be 100 percent SBP and half of his retirement pay, and he could not request a reduction without her consent. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 Dec 76, the applicant and spouse were married. On 31 Oct 83, the applicant’s spouse retired from the Air Force. He served 23 years, 4 months, and 18 days of active service. On 31 Aug 11, the applicant’s spouse passed away. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS/CLVL makes no recommendation, the applicant is receiving all amounts to which she is entitled. Prior to her spouse’s retirement on 1 Nov 83, the deceased former member completed the Data for Payment of Retired Air Force Personnel. The form is divided in several parts. Part III of the form is the designation of beneficiaries to receive any unpaid retired pay at the time of the retiree’s death. The deceased former member listed the applicant as the beneficiary. Part IV of the form is for information concerning beneficiaries for payment of a Death Gratuity. This payment would have been payable had the member died within 120 days from release from active duty. The deceased former member listed his mother, as the beneficiary for this payment. It should be noted that both Parts III and IV address the sharing of each benefit in the case of multiple beneficiaries. Part V of the form is the SBP election area. In this part, the deceased former member circled the election option for spouse only reduced annuity and listed as the reduced base amount $325.00. There is no note in the SBP election for a shared benefit. The deceased former member clearly elected SBP for his spouse at a reduced base amount. In 1983, there was no requirement that the spouse concur with a reduced election, the concurrence requirement was effective 1 Mar 86. The only requirement in 1983 was that the spouse be notified if less than full benefit was elected. The applicant further states that they were never notified of the open enrollment periods for the SBP. All retirees who were eligible to make an election or increase current coverage during the open enrollment periods were advised of the open enrollment periods on their account statements. Further, detailed information was also provided in each edition of the Afterburner, as well as the publications of many retiree organizations. A complete copy of the DFAS/CLVL evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes virtually every point made by the OPR and argues that she was never informed of her entitlement to survivor benefits following the death of her spouse. She claims her right to retired pay and death benefits under case law 435 United States 210. House Veterans Committee stated that no reduction of benefits to which the surviving spouse may be entitled, such as SBP payments, would occur. At issue is a 1996 Federal law that makes a surviving spouse eligible to receive the Veterans Affairs (VA) compensation or pension benefit. The VA failed to properly implement that law in all cases. In support of her response, the applicant provides copies of excerpts from the Air Force Retirees services fact sheet. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was 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, to include the rebuttal response, 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 of injustice. In this respect, we note the deceased former member clearly elected Survivor Benefit Plan (SBP) for his spouse at a reduced base amount. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 material 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-2014-03318 in Executive Session on 23 Jul 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03318 was considered: Exhibit A. DD Form 149, dated 29 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, DFAS/CLVL, dated 11 Feb 15. Exhibit D. Letter, SAF/MRBR, dated 23 Feb 15. Exhibit E. Letter, Applicant, dated 7 Mar 15.