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
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. ...
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