RECORD 
AIR FORCE BOARD FOR 

OF PROCEEDINGS 
CORRECTION OF MILITARY RECORDS 

IN THE MATTER OF: 

DOCKET NUMBER:  9 7 - 0 2 0 5 7  
COUNSEL:  NONE 

i-. 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

His records be corrected to reflect he filed a timely election to 
change  his  Survivor  Benefit  Plan  (SBP) beneficiary  from  his 
former spouse to his current spouse. 

APPLICANT CONTENDS THAT: 
He divorced his former spouse on 11 December 1 9 9 2   and.married his 
current spouse on 2 9   May  1 9 9 3 .   When he asked to change the SBP 
beneficiary to his present spouse, he was informed that he only 
had  one  year to make  the  change.  Applicant  states he  had-no 
knowledge of  that stipulation.  He contends he  was not  able to 
attend  a  retirement briefing  due  to his unit  carrying a  heavy 
seven-day, 24 hour activity involving Desert Shield/Desert Storm 
but,  obtained  an  informal  interview  which  he  considered  the 
Ilbriefingll.  Applicant states that when he asked if he could make 
,the change of SBP if he divorced his present wife and remarried 
her the next day, he was told he could not do that.  However, he 
is willing to do this to fulfill the requirement if need be. 
In  support  of  his  application,  he  submits  a  copy  of  his 
certificate of marriage to his current spouse, dated 29 May 1993; 
an AF  Form  1581, Survivor Benefit  Plan  Election  Statement  for 
Former  Spouse  Coverage,  dated  9  August  1 9 9 3 ,   electing  SBP 
coverage for former spouse and child; and, decree of divorce from 
his former spouse. 

Applicant's complete submission is attached at Exhibit A. 

Fc. 

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, Office of 

Primary Responsibility  (OPR) .  Accordingly, there is no need to 
recite these facts in this Record of Proceedings. 

AIR FORCE EVALUATION: 
The Chief ,  Retiree  Services Branch, HQ AFPC/DPPTR,  stat&  that 
although the divorce decree  (from the former spouse) was silent 
on  the  SBP,  the  member  voluntarily  converted  his  coverage  to 
former  spouse  and  child. 
The  applicant  married  his  current 
spouse  on  29 May  1993,  but  he  did  not  request  coverage  be 
established on her behalf.  Consequently, former spouse and child 
coverage remain in effect. 
There is no evidence that the applicant attempted to convert his 
coverage until after the time limit had expired, and there is no 
provision  in  law  that  allows  him  to  do  so  now. 
A1 t hough 
applicant  claims his  ex-wife  is  receiving his  full  retirement 
check, the  Defense  Finance  and  Accounting  Service  -  Cleveland 
Center  (DFAS-CL) records indicate there is no garnishment order 
or former spouse division of retired pay in effect.  Applicant's 
belief that if he divorces and remarries his present spouse, the 
one-year eligibility period would be reinstated, is not accurate. 
This would not qualify him to elect SBP coverage for his current 
spouse.  To approve relief would be inequitable and would proyide 
the applicant  an opportunity not  afforded  to other retirees in 
similar circumstances.  There is no evidence of Air Force error 
or injustice.  They recommend the applicant's request be denied. 

A copy of the Air Force evaluation is attached at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Applicant states, in summary, that selection of SBP coverage was 
accomplished  just  after  his  arrival  at  Zaragoza,  after  being 
released from the Psychiatric Ward at Wiesbaden, Germany where he 
spent several months after recovery from a suicide attempt.  At 
the  time  he  signed  the  paperwork,  he  was  still  under  the 
influence of drugs to calm his nerves.  He had no  idea what  he 
was signing, nor cared to know at the time. 
At the time of his divorce from his former spouse, he had no idea 
what  SBP  was,  nor  that  he  had  converted  his  coverage  to  SBP 
coverage.  At  that  time he  still had no clue as to his  future. 
When  he  married  his  current  spouse,  he  processed  for  an 
identification (ID) card and all other necessary paperwork and he 
was under the impression that all the paperwork presented for his 
signature included a change of what should have included the SBP. 
Had  he  been  briefed  by  the  Puerto  Rico  Air  National  Guard 
Consolidated Base  Personnel Off ice  (CBPO) regarding SBP and  its 

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importance, he  would  not  have  hesitated  to  select  SBP for his 
present spouse. 
A  copy of the applicant's response, with attachments, is attached 
at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
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 probable error or injustice.  After 
a  thorough  review  of  the  evidence  of  record  and  applicant's 
submission,  we  are  not  persuaded  that  his  records  should  be 
corrected to reflect that he  filed a  timely election to change 
his  Survivor  Benefit  Plan  (SBP) beneficiary  from  his  former 
spouse to his current spouse.  His 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.  We  therefore agree with  the recommendations of  the 
Air Force and adopt the rationale expressed as the basis for our 
decision that the applicant has failed to sustain his burden that 
he has suffered either an error or an injustice.  Therefore, we 
find no compelling basis to recommend granting the relief sought. 
4.  However, Public Law  (PL) 1 0 5 - 8 5 ,   SEC. 642.  (effective 17 May 
1998) provides an opportunity for retirees a time in which change 
in survivor benefit coverage from former spouse to spouse may be 
made. 
For  further  information,  applicant  should  contact  the 
Retiree Services Branch (AFPC/DPPTR) at 1 - 8 0 0 - 5 3 1 - 7 5 0 2 .  

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THE BOARD DETERMINES THAT: 
The  applicant  be  notified  that  the  evidence presented  did  not 
demonstrate  the  existence  of  probable  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. 

The following members of the Board considered this application in 
Executive Session on 21 May 1998, under the provisions of AFI 3 6 -  
2 6 0 3 .  

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Mr. Henry C. Saunders, Panel Chair 
Mrs. Barbara A. Westgate, Member 
Ms. Ann L. Heidig, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 30 Jun 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPPTR, dated 11 Dec 97. 
Exhibit D.  Letter, AFBCMR, dated 29 Dec 97. 
Exhibit E.  Applicant's Letter, unda 

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