RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01949
INDEX NUMBER: 137.04
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to establish Survivor Benefit Plan (SBP) coverage for
his current spouse.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are 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 (Exhibit C). Accordingly,
there is no need to recite these facts in this Record of Proceedings.
___________________________________________________________________
AIR FORCE EVALUATION:
The Retiree Services Branch, AFPC/DPPTR, reviewed this application and
recommended denial. A complete copy of the evaluation is at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant’s response to the Air Force evaluation and a letter received
from his physician are at Exhibit E.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. The law governing the
Survivor Benefit Plan (SBP) provides that a member who is married at
the time of retirement and fails to provide coverage for an eligible
spouse may not provide coverage in the future, unless Congress
authorizes an open enrollment. Nevertheless, a review of the evidence
provided indicates that the applicant’s former spouse had deserted the
family prior to him becoming eligible to make an election for survivor
coverage. Therefore, we believe his decision not to elect coverage in
her behalf was made in good faith, based on his circumstances at the
time. We further note that he did elect to establish coverage in
behalf of his children, which, in our opinion, demonstrated his
intention to provide for his survivors. For this reason, we believe
that the requested relief is warranted and recommend that the
applicant’s records be corrected as indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 31 December 1975,
he elected Survivor Benefit Plan spouse and child coverage based on
full retired pay, the spouse coverage was suspended on 1 October 1976,
and reestablished effective 1 December 1997.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 May 1999, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Ms. Ann L. Heidig, Member
Mr. Mike Novel, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 25 Jan 99, w/atch.
Exhibit D. Letter, SAF/MIBR, dated 8 Feb 99.
Exhibit E. Letter, Applicant, dated 18 Feb 99; Letter from
Applicant’s Physician, dated 28 Apr 99.
BARBARA A. WESTGATE
Panel Chair
AFBCMR 98-01949
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that on 31
December 1975, he elected Survivor Benefit Plan spouse and child
coverage based on full retired pay, the spouse coverage was suspended
on 1 October 1976, and reestablished effective 1 December 1997.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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AF | BCMR | CY1999 | BC-1997-01560
We recognize that the applicant did not provide evidence that the former servicemember’s common-law marriage was legally dissolved. Accordingly, we recommend that the records be corrected as indicated below. Exhibit B.
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Consequently, he was not eligible to provide coverage on the applicant’s behalf following their divorce. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ The following members of the Board...
Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member’s death. There is no evidence of Air Force error, or basis in law to award the applicant an annuity; therefore, they recommend the request be denied. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air...
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 97-03330 INDEX NUMBER: 137.01 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Applicant is the widow of the former servicemember who requests corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity. The servicemember died on 5 August 1985, but the applicant did not apply for the...
AF | BCMR | CY1999 | BC-1998-00680
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that a member who is married at retirement and fails to provide coverage for an eligible spouse may not provide coverage in the future, unless Congress authorizes an open enrollment period. The one-year enrollment period to add family members acquired after retirement is applicable only when no previous category of the...