AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER Ol?:
DOCKET NUMBER: 98-00504
COUNSEL: NONE
HEARING DESIRED: NO
AUG 1 9 1938
Applicant requests that his former spouse be authorized the
issuance of a Military Identification Card, with all benefits and
privileges. 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 B). The advisory opinion was
forwarded to the applicant for review and response (Exhibit C).
As of this date, no response has been received by this office.
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 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 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 Mr. Douglas J. Heady, Mr. Joseph G. Diamond,
and Mr. Henry Romo, Jr. considered this application on 11 Aug 98
in accordance with the provisions of Air Force Instruction 3 6 -
2603 and the governing statute, 10 U.S.C. 1552.
DOUGLAS J. HEADY
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Advisory Opinion
C. SAF/MIBR Ltr Forwarding Advisory Opinion
DEPARTMENT O F THE AIR 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
-
1. Requested Action: The applicant wants to know if she is eligible for identification
(ID) identification card benefits and privileges as the former spouse of Master Sergeant
2. Facts:
a. Master Sergeant-@
placed on the Permanent Disability Retired List
(PDRL) on 17 July 1967 with 19 years, 9 months, and 1 day active duty service. At the time of
his retirement, the overlap of their marriage and his creditable service in determining eligibility
to retired pay was 15 years, 8 months, and 14 days. The overlap period begins on the date of
marriage and ends on Sergeant -last
of the Uniformed Services Former Spouses’ Protection Act. She had been married to Sergeant
at least 20 years and completed at least 15 years but less than the 20 year requirement
=for
of overlap of marriage and the sponsor’s creditable service for retired pay. However, she did not
met the third requirement of the Uniformed Services Former Spouse’s Protection Act. The
military sponsor must have completed at least 20 years creditable service for retired pay, All
three requirements have to be met before a former spouse is eligible for ID card benefits and
not be eligible for ID card benefits and privileges as a
privileges. Therefore-ould
former spouse.
day of active duty. -met
two requirements
b. 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. 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 benefits and privileges. The law specifies that the military
sponsor must have at least 20 years of creditable service in determining eligibility for retired pay.
9800504
3. Recommendation. No error or injustice has accurred. Sergeant I d i d not
complete 20 years of creditable service in determining eligibility to retired pay. To adjust
Sergeant-records would not be consi
ith the intent of the law.
9800504
- . . . .. . .. . . .
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