RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02357
INDEX CODE: 137.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be enrolled in the Survivor Benefit Plan (SBP) per the divorce
decree.
_________________________________________________________________
APPLICANT CONTENDS THAT:
SBP was awarded as part of the property settlement in the divorce
decree. She was under the assumption that SBP was in force, but has
been told her former spouse did not enroll or pay for SBP.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased member was married to the applicant, but elected child
only SBP coverage based on full retired pay prior to his retirement
from the Air Force on 1 August 1981.
They divorced 29 June 1987 and, although unenforceable, the court
order required the deceased member to take all necessary action to
provide SBP coverage for his former spouse. The youngest child’s
eligibility ceased effective 1 July 1992 due to attaining age 22. The
member died on 5 July 1998.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Retiree Services Branch, Directorate of Pers Program Mgt,
HQ AFPC/DPPTR, reviewed this application and states that the deceased
member did not elect spouse coverage at retirement. Consequently, he
was not eligible to provide coverage on the applicant’s behalf
following their divorce. Although he could
have elected former spouse coverage for the applicant during the open
enrollment period authorized by Public Law 101-189 (1 April 1992 - 31
March 1993), there is no record that the decedent returned an election
form. There is no evidence of Air Force error in this case and no
basis in law to grant relief; therefore, they recommend the request be
denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 29 March 1999, for review and response within 30 days.
As of this date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
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. 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.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or 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 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
Ms. Gloria J. Williams, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 17 Mar 99.
Exhibit D. Letter, AFBCMR, dated 29 Mar 99.
BARBARA A. WESTGATE
Panel Chair
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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The evidence also establishes the deceased member’s efforts to provide the applicant with all the benefits she was entitled to as the spouse of a retired service member. Microfiche records verify SBP enrollment packets and newsletters were mailed to the address the decedent provided to the finance center during the 1981-1982 and 1992-1993 open enrollment periods. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
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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. 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...
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