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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
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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:
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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
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant. Sergeant -military records would have to be adjusted so his dates would reflect that he had at least 20 years of creditable service for retired pay.
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