AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00823 
COUNSEL:  NONE 

HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT: 

Applicant  is the widow of  a former service member, who requests 
her  late husband's records be  corrected to  show that  he  made  a 
timely election to voluntarily elect Survivor Benefit Plan  (SBP) 
former spouse coverage. 

APPLICANT CONTENDS THAT: 

Her deceased former spouse never changed the beneficiary and  it 
still  reflects  her  name,  date  of  birth  and  social  security 
number.  Her deceased former spouse always indicated that she was 
to receive the SBP annuity.  Even after he remarried, he did not 
change his election and continued to tell her she would receive 
the SBP. 
In support of her request, applicant submits a copy of the former 
member's death certificate, his DD Form 214, a retirement order, 
final divorce decree, a copy of the applicant's birth certificate 
and a copy of the applicant's military ID card. 

Applicant's complete submission is attached at Exhibit A. 

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, AFPC/DPPTR,  reviewed  this 
application  and  states  that  at  the  time  of  the  applicant's 
divorce  there  was  no  provision  under  the  SBP  law  to  continue 
coverage to a former spouse.  Under Public Law  (PL) 99-145, the 
deceased  former service member could have  designated his  former 
spouse as the beneficiary.  However, there is no indication that 

he  requested  information  or  submitted  any  documentation  to 
establish coverage on the petitioner's behalf.  The spouse of the 
decedent  applied  for  the  benefit  upon  his  death  and  has  been 
receiving SBP annuities since that time.  There is no evidence of 
an Air  Force  error or  injustice, or basis  in law to waive  the 
six-year  statute  of  limitations  for  filing  a  claim  for  SBP 
benefits.  Therefore, they recommend denial of the request. 

A complete copy of the evaluation is attached at Exhibit B. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A  complete  copy  of  the  Air  Force  evaluation  was  forwarded  to 
applicant  on  24  August  1998  for  review  and  response within  30 
days.  As  of  this date, no response  has  been  received by  this 
office. 

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  her  former  decease6 
spouse's military records should be  corrected to reflect that h? 
made a timely election to voluntarily elect Survivor Benefit P l a r  
(SBP) former  spouse coverage.  Her  contentions are duly  noted; 
however, we do not  find these uncorroborated assertions, in aR5 
by themselves, sufficiently persuasive to override the rationale 
provided  by  the  Air  Force. 
We  therefore  agree  with  thz 
recommendations  of  the  Air  Force  and  adopt  the  rationaie 
expressed  as the basis  for our decision  that  the applicant  h a s  
failed  to  sustain  her  burden  that  she  has  suffered  either  a z  
error or an injustice.  Therefore, we find no compelling basis tc 
recommend granting the relief sought. 

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

THE BOARD DETERMINES THAT: 
The  applicant  be  notified  that  the  evidence  presented  did  noz 
demonstrate  the  existence  of  probable  material  error  o r  

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 27 October 1998, under the provisions of AFR 
36-2603: 

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

The following documentary evidence was considered: 

Exhibit A.  DD Form  149, dated 20 Mar 98, w/atchs. 
Exhibit B.  Letter, AFPC/DPPTR, dated 11 Aug 98. 
Exhibit C.  Letter, AFBCMR, dated 24 Aug 98. 

i 

HEYkY  C. SAUNDERS 
Panel Chairman 

/ 

3 

I 

D E P A R T M E N T  O F  T H E  A I R   FORCE 

HEADQUARTERS  AIR  FORCE  P E R S O N N E L  CENTER 

RANDOLPH AIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCIDPPTR 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

SUBJECT:  Application for Correction of Military Records 

‘1 1 AUG  1998 

Requested Correction:  The applicant, former spouse of the above-named 

retiree, is requesting corrective action to show the member made a timely election to 
voluntarily elect Survivor Benefit Plan (SBP) former spouse coverage. 

Basis for Request:  The applicant claims the member never took action to 

change the designated beneficiary for his SBP and he continued to tell her she would 
receive the SBP. 

Backqround:  A spouse’s coverage is not automatically converted following 
divorce.  Public Law (PL) 98-94 (24 Sep 83) was the first legislation that allowed a 
retiree to voluntarily provide SBP coverage on a former spouse’s behalf, but required an 
election under the “insurable interest” option be made within the first year following the 
divorce.  If the member failed to do so, former coverage could not be later established 
unless Congress authorized an open enrollment.  PL 99-145 (8 Nov 85) permitted 
participants to elect former spouse coverage with the same cost and benefit factors as 
spouse coverage. 

Facts:  The applicant and the member were married on 23 Dec 55.  The member 
retired effective 1 Jul74, and elected reduced SBP coverage on the applicant‘s behalf. 
The applicant and member divorced on 11 Jan 80.  The member remarried on 
4 May 85 and died on 12 Dec 88. 

Discussion:  At the time of the member’s divorce there was no provision under 

the SBP law to continue coverage to a former spouse.  Under PL 99- 145, the member 
could have designated his former spouse as the beneficiary.  However, there is no 
indication that he requested information or submitted any documentation to establish 
coverage on the petitioner‘s behalf.  The spouse of the decedent applied for the benefit 
upon his death and has been receiving SBP annuities since that time. 

Recommendation:  There is no evidence of an Air Force error or injustice, or 

basis in law to waive the six year statute of limitations for filing a claim for SBP benefits; 

Recommendation:  There is no evidence of an Air Force error or injustice, or 

basis in law to waive the six year statute of limitations for filing a claim for SBP benefits; 
therefore, we recommend the request be denied.  However, if the Board’s decision is to 
grant relief, the applicant‘s military record should be corrected to reflect that on 
1 Mar 86 he changed SBP coverage from spouse to former spouse coverage, naming 
Opal B. Renfroe as the former spouse beneficiary.  It is appropriate to use 1 Mar 86 as 
the starting date for former spouse coverage as that is the first date a retiree was 
permitted to elect former spouse coverage with the same cost and benefits associated 
with spouse coverage.  Approval should be contingent upon recoupment of any 
applicable premiums. 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate of Pers Program Mgmt