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AF | BCMR | CY1998 | 9800504
Original file (9800504.pdf) Auto-classification: Denied
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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