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AF | BCMR | CY1999 | BC-1996-02679A
Original file (BC-1996-02679A.doc) Auto-classification: Denied

                                 ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  96-02679
            INDEX NUMBER:  137.04
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant is the widow of the former servicemember who  requests  that
her husband’s Survivor Benefit Plan (SBP) former  spouse  coverage  be
changed to spouse coverage, naming her as the SBP beneficiary.

___________________________________________________________________

RESUME OF CASE:

On 13 March 1997,  the  AFBCMR  favorably  considered  an  application
submitted  by  the   former   servicemember’s   ex-spouse   requesting
corrective action to reflect that  her  husband  filed  a  timely  SBP
election to change from spouse to former spouse coverage as stipulated
in  their  divorce  decree.   (See  Memorandum  of  Consideration   of
Application Before the AFBCMR, dated 18 March 1997, with  attachments,
at Exhibit A.)

___________________________________________________________________

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 B.

___________________________________________________________________

STATEMENT OF FACTS:

The former servicemember was  married  to  his  ex-spouse  (D---)  and
elected spouse coverage based on reduced retired pay during  the  open
enrollment following  the  SBP’s  21  September  1972  implementation.
Subsequently, he increased the level of coverage to full  retired  pay
under the provision of the open enrollment authorized by Public Law 97-
35.  He divorced D--- on 22 November 1985, and married  the  applicant
on 1 June 1986.  Although he did not submit an election to  change  to
former spouse coverage, premiums continued to  be  deducted  from  his
retired pay until 25 November 1991, when he requested the  DFAS-Denver
Center (DFAS-DE) change the SBP beneficiary to the applicant.   On  10
March 1992, he sent a letter  to  DFAS-DE  claiming  he  had  made  “a
mistake in interpreting the divorce settlement” and instructing  DFAS-
DE to change the SBP beneficiary back to his former spouse.

The former servicemember died  on  16  June  1996  and  the  applicant
applied for and received the SBP annuity.  The former spouse submitted
an application to the  AFBCMR  claiming  that  she  was  the  rightful
recipient of the SBP based on an agreement between her and the  former
servicemember.  The AFBCMR approved her request and  benefits  to  the
applicant were stopped on 1 April 1998.  The former spouse died on  23
June 1998.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR  reviewed  this  application  and  recommended  denial.   A
complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s response to the Air Force evaluation is at Exhibit F.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice. Applicant’s  contentions
are duly noted.  However, we do not find her  assertions,  in  and  of
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  Therefore, we agree with  the  recommendation  from
the Air Force and adopt the rationale expressed as the basis  for  our
conclusion that the applicant has failed  to  sustain  her  burden  of
establishing  the  existence  of  either  an  error  or  an  injustice
warranting favorable action on her request.

___________________________________________________________________

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

The following documentary evidence was considered:

    Exhibit A.  Memorandum of Consideration, dated 18 Mar 97,
                w/atchs.
    Exhibit B.  DD Fm 149, dated 23 Jul 98, w/atchs.
    Exhibit C.  Available Master Military Personnel Records.
    Exhibit D.  Letter, AFPC/DPPTR, dated 11 Mar 99.
    Exhibit E.  Letter, SAF/MIBR, dated 29 Mar 99.
    Exhibit F.  Letter from Applicant, dated 1 Apr 99, w/atchs.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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