RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-01560
INDEX NUMBER: 137.01
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant requests corrective action to the deceased servicemember’s
records to reflect that she is his legal widow and is entitled to a
Survivor Benefit Plan (SBP) annuity.
___________________________________________________________________
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:
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:
A copy of the Air Force evaluation was forwarded to the applicant on
14 September 1998 for review and comment 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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting corrective action.
We recognize that the applicant did not provide evidence that the
former servicemember’s common-law marriage was legally dissolved.
However, after reviewing the evidence presented, it appears that the
common-law spouse, who has since remarried, believed that the former
servicemember had taken action to have their common-law marriage
dissolved. In our opinion, we believe that the applicant’s marriage
to the former servicemember was made in good faith. Furthermore, the
evidence provided by the applicant indicates that they remained
married until his death on 27 April 1994. Based on the foregoing, and
having no reason to question the contents of the applicant’s
supporting documents, we therefore conclude that the applicant has met
the requisite criteria as an eligible beneficiary for a Survivor
Benefit Plan annuity. Accordingly, we recommend that the 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 he was married to ----
on 30 November 1974; their marriage was terminated on 16 October
1980; the Survivor Benefit Plan (SBP) spouse coverage was suspended on
16 October 1980; he married [APPLICANT] on 17 October 1980; and, the
SBP spouse coverage was reestablished effective 17 October 1981.
___________________________________________________________________
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, dated 12 May 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 1 Sep 98, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 14 Sep 98.
BARBARA A. WESTGATE
Panel Chair
AFBCMR 97-01560
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 [former servicemember], be corrected to show that he was
married to ---- on 30 November 1974; their marriage was terminated on 16
October 1980; the Survivor Benefit Plan (SBP) spouse coverage was
suspended on 16 October 1980; he married [applicant] on 17 October 1980;
and, the SBP spouse coverage was reestablished effective 17 October 1981.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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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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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On 22 Apr 02, DPPTR sent a letter to the applicant requesting that she provide a sworn, notarized statement in which she attested that she did not receive notification that her husband had declined SBP coverage at the time of his retirement and that she provide a statement acknowledging and understanding that, if her husband's records are changed, the unpaid contributions (approximately $27,660) will be collected from any annuity payment she would be entitled to receive. The...