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AF | BCMR | CY1999 | 9802357
Original file (9802357.doc) Auto-classification: Denied

                       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

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