RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00400
		COUNSEL:  NONE
		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

1. Her Survivor Benefit Plan (SBP) be changed to reflect child only.

2. She be reimbursed the amount paid for spouse SBP premiums from 12 July 2000 (the date she was divorced) to 27 September 2008 (the date the Defense Finance and Accounting Service (DFAS) changed her SBP coverage to child only.

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APPLICANT CONTENDS THAT:

She requested child only SBP coverage upon her retirement; however, her request was not honored until September 2008.  She did not know the process of getting the coverage changed until she met with an SBP counselor who identified the error and briefed her on the process to have the records corrected.

In support of her request, she provides a copy of her divorce decree, a copy of her marriage record, a copy of DD Forms 2656-6 (Survivor Benefit Plan Election Change Certificate), a copy of  DD Form 2894 (Designation of Beneficiary Information), a copy of a letter to DFAS, and a copy of a computer printout.

Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired from the Regular Air Force after serving over 20 years in the grade of master sergeant having assumed that grade effective and with a date of rank of 5 December 1997.

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AIR FORCE EVALUATION:

AFPC/DPSIAR recommends denial.  DPSIAR states there is no evidence of an error or injustice and no basis in law to provide relief in this case.  DPSIAR also states the applicant had sufficient time to change her SBP coverage with DFAS.  Although the applicant’s husband did not return the original DD Form 2656, her divorce decree clearly states her husband agreed to termination of his SBP coverage.  At that point, the applicant should have requested DFAS to process a certified copy of her divorce decree and elect child only SBP coverage.  Since the statue of limitations of six-years had expired for a total refund, the applicant received a partial refund from DFAS in the amount of $6,844.00 vice $10,200.00.

The complete DPSIAR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 March 2009 for review and comment within 30 days.  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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that the relief requested is warranted.  Applicant's contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility.  We therefore adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of proof of the existence of either an error or a injustice.  Absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2009-00400 in Executive Session on 20 May 2009, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 December 2008, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIAR, dated 2 March 2009.
    Exhibit C.  Letter, SAF/MRBR, dated 20 March 2009.




                                   
                                   Panel Chair





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