ADDENDUM
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02596
INDEX CODE:137.00
APPLICANT (Deceased) COUNSEL: NONE
SSN HEARING DESIRED:
Applicant requests that her former late husband’s record be corrected
to allow her an entitlement to a Survivor Benefit Plan (SBP) annuity.
Applicant's submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request and
provided an advisory opinion to the Board recommending the application
be granted (Exhibit B). The advisory opinion was forwarded to the
applicant for review and response (Exhibit C). In addition, the
AFBCMR staff forwarded a legal opinion from HQ USAF/JAG to the
applicant which indicated that the AFBCMR cannot rule on a dispute
between two claimants to a benefit that only one of them can receive.
The legal opinion further indicated that it is not appropriate for the
Board to adjudicate such a dispute since that task is properly left to
the courts (Exhibit D). As of this date, no response has been
received from the applicant by this office.
After careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. In this respect, while the
facts and opinions stated in the advisory opinion from the SBP office
of primary responsibility (OPR) appear to be based on the evidence of
record and recommend the application be approved, we note that the
legal opinion from HQ USAF/JAG indicates that it is not appropriate
for the AFBCMR to adjudicate such a matter. Absent a court decision
reflecting that the applicant is the proper beneficiary, we are
persuaded that the Board is precluded from granting this request
because such a correction would take away the benefit from the service
member’s widow. Therefore, until such time that a court of competent
jurisdiction determines that the applicant is entitled to the SBP
annuity, we find insufficient basis upon which to disturb the existing
record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and will
only be reconsidered upon the presentation of new relevant evidence
which was not available at the time the application was filed.
Members of the Board Mr. David C. VanGasbeck, Ms. Patricia D. Vestal,
and Mr. Joseph A. Roj considered this application on 6 and 13
February 2001, in accordance with the provisions of Air Force
Instruction 36-2603 and the governing statute, 10, U.S.C. 1552.
DAVID C. VANGASBECK
Panel Chair
Exhibits:
A. Applicant's DD Form 149
B. Advisory Opinion
C. SAF/MIBR Ltr Forwarding Advisory Opinion
D. AFBCMR Ltr Forwarding Legal Opinion
The separation agreement (incorporated into the divorce decree) ordered the former member to elect former spouse coverage at the earliest time possible, but the applicant failed to submit a deemed election request within the required time limit. A summary of the evidence considered and the rationale of the earlier decision by the Board is set forth in the Record of Proceedings at Exhibit E. The applicant’s 12 October 2001 request for reconsideration of her application was denied by the...
_________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPTR recommends the application be granted and states, in part, that although there is no error, to preclude a possible injustice, they recommend the member’s records be corrected to reflect his spouse coverage was suspended effective 22 September 1983, and on 1 March 1986, he elected to change his SBP spouse and child coverage to former spouse coverage based on the previous reduced level of...
AF | BCMR | CY2002 | BC-2002-01316
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01316 COUNSEL: TIM BIRNIE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late former husband’s records be corrected to show that he elected to continue to provide Survivor Benefit Plan (SBP) coverage naming her as beneficiary. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2001 | BC-1996-01020A
In HQ USAF/JAG’s opinion, there is evidence to support the Board’s conclusion that a timely request for a deemed election of former spouse SBP coverage was never received from the applicant. The applicant claims she submitted a request for a deemed election of former spouse SBP coverage by certified mail on 27 July 1992. The applicant could also have established the former spouse SBP coverage for herself provided she submitted a copy of the divorce decree to DFAS and requested a deemed...
AF | BCMR | CY2006 | BC-2006-01092
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01092 INDEX CODE: 137.04 XXXXXXX COUNSEL: NONE (DECEASED) HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 12 OCTOBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased former husband’s records be corrected to show he elected former spouse coverage under the Survivor Benefit Plan (SBP). No recommendation is provided...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). Applicant's response to the advisory opinion is at Exhibit D. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit B). The advisory opinion was forwarded to the applicant for review and response (Exhibit C). The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by applicant.
AF | BCMR | CY2004 | BC-2003-03233
_________________________________________________________________ APPLICANT CONTENDS THAT: Counsel states that, prior to the former member’s retirement from the Air Force, he elected SBP coverage for “spouse and child.” On 29 December 1983, the member and applicant divorced and their divorce decree incorporated a settlement agreement wherein the applicant would receive “all (100%) of the Husband’s Survivor benefits that can be paid to a former spouse.” The Defense Finance and Accounting...