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AF | BCMR | CY1998 | 9703784
Original file (9703784.pdf) Auto-classification: Denied
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RECORD OF PROCEEDINGS 

JUL  2 4  

AIR FORCE 
IN THE MATTER OF: 

BOARD FOR CORRECTION OF MILITARY RECORDS 
DOCKET NO: 97-03784 
COUNSEL: None 

HEARING DESIRED: Yes 

Applicant requests his service records be adjusted to reflect 41 
more  days  of  marriage  within  the  Air  Force.  Applicant's 
submission is at Exhibit A. 

The appropriate  Air Force office evaluated applicant's request 
and  provided an advisory opinion to the Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
Applicant's response to the advisory opinion is at Exhibit E. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence of  record, we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  sufficiently rebutted  by 
applicant. 
Absent  persuasive  evidence  applicant  was  denied 
rights  to  which  entitled,  appropriate  regulations  were  not 
followed, or appropriate standards were not applied, we  find no 
basis to disturb the existing record. 

Accordingly, applicant's request is denied. 

The documentation provided with this case was sufficient to give 
the  Board  a  clear  understanding  of  the  issues  involved  and  a 
personal  appearance, with  or  without  legal  counsel, would  not 
have  materially  added  to  that  understanding.  Therefore,  the 
request for a hearing is not favorably considered. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the Board Ms. Martha Maust, Mr. Robert W.  Zook,  and 
Mr. Kenneth L. Reinertson considered this application on 23 July 
1998  in accordance with the provisions of Air Force Instruction 
36-2603, and the governing statute, 10, U.S.C. 1552. 

&ne1  Chair' 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 
E.  Applicant's Response 

DEPARTMENT O F  THE A I R   FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL  CENTER 

RANDOLPH  AIR  FORCE BASE TEXAS 

- 

MEMORANDUM FOR  AFBCMR 
FROM:  HQ AFPCDPSFR 

550 C St. West, Suite 37 
Randolph AFB Tx 78 150-4739 

SUBJECT: Application for Correction of Military Records-?- 

-., 

USAF, Retired, 

1.  Requested Action:  The applicant is requesting corrdon of his records to provide 
continued identification card benefits and privileges for his spouse once their divorce is final. 

2.  Facts: 

- 

a.  7-J 

voluntarily retired 1 September 1989, with 24 years, 
1 1 months and 16 days of active service.  At the time of retirement, the overlap of their marriage 
and his creditable service in determining eligibility to retired pay was  19 years,  10 months, and 
20 days.  The overlap period begins on the date of marriage, in their case,  1 1 October 1969 and 
last day of active duty, 31 August 1989. His spouse met the f h t  two 
stops 0114-6 
requirements of the Uniformed Services Former Spouses' Protection Act,  She has been married 
for at least 20 years and he has performed 20 years of Service. However, she did 
to 
not meet the third requirement of having completed at least a 20-year requirement of overlap of 
marriage and the sponsor's creditable service in determining eligibility to retired pay.  Because 
the overlap was less than 20 years but more than 15 years,- 
to medical care benefits only as a former spouse for one year fiom the date of their divorce 
provided she is not enrolled in an employer-sponsored health plan or she has not remarried. 

spouse will be entitled 

b. 

military records would have to be adjusted so his dates would reflect 
that his former spouse meets the 20-year' overlap, thus making her eligible for continued medical 
care benefits, commissary,  base exchange, and the ate^ privileges. However, his records are not 
in error.  No authority exists to change his retirement date for the sole purpose of allowing his 
spouse eligibility to former spouse (20/20/20) benefits and privileges.  The law specifies there 
must be at least a 20-year overlap of the marriage and the sponsor's creditable service h 
determining eligibility to retired pay. 

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3.  Recommendation.  No error or injustice has occurred.- did not complete a 

full, 20-year overlap of marriage and the sponsor's creditable service in determining eligibility to 
retired pay.  To adjust -dates 

would not be consistent with the intent of the law. 

t .  n 

Chief, DEERS/RAPIDS Operations Branch 



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