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AF | BCMR | CY2001 | 0101092
Original file (0101092.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01092
            INDEX CODE:137.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED:

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show he  elected  in  a  timely  fashion  to
change his  coverage  under  the  Survivor  Benefit  Plan  (SBP)  from
"spouse" to "former spouse."

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant has not provided an explanation for failing to submit  a
valid election to change his SBP coverage  from  "spouse"  to  "former
spouse."

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was married and elected spouse SBP coverage based  on  a
reduced level of retired pay prior to his 1 Dec  82  retirement.   The
Defense Enrollment Eligibility Reporting System (DEERS)  records  show
the applicant was divorced on 29 Apr 91.  There is no evidence to show
that the member reported the change in his marital status or  that  he
submitted a valid election to change his SBP coverage from  spouse  to
former spouse.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Retiree  Services  Branch,   AFPC/DPPTR,   reviewed   the
application  and  states  that  a  spouse's  eligibility  as  an   SBP
beneficiary  terminates  upon  divorce.   There  are  two   mechanisms
provided by law for  changing  SBP  coverage  from  spouse  to  former
spouse; and both must be exercised within the first year following the
divorce.  The service member can file an election change or the former
spouse can request that the change be made
on their behalf.  The former spouse upon requesting  the  change  must
submit legal documentation that the service member agreed to  or  that
the court ordered  the  service  member  to  establish  former  spouse
coverage.  If an election is not made during the one-year  eligibility
period, former spouse coverage may not be established thereafter.

DPPTR on  19  Apr  01,  requested  that  the  service  member  provide
documents that are required to establish former spouse  coverage--copy
of his final divorce decree and a properly completed DD  Form  2656-1,
Survivor Benefit Plan  (SBP)  Election  Statement  for  Former  Spouse
Coverage.  The service member, as of the date of the advisory opinion,
has not responded to their request.

DPPTR recommends returning the application without action and  if  the
service member submits the required documentation, then  it  would  be
appropriate to correct his records to reflect he elected to change his
SBP coverage from spouse to former spouse.

A complete copy of the evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant's counsel stated in a letter  dated  24  Aug  01,  that  the
required form had been forwarded to the  applicant's  former  spouse's
attorney in Apr 01 and no response has been received.  A copy  of  the
divorce decree was attached to the letter received (Exhibit D).

_________________________________________________________________

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 are not persuaded to change his  SBP  election  to  former
spouse coverage at this time.  We note the letter from  a  law  office
indicating that the proper forms to establish former  spouse  coverage
were forwarded to the former spouse's counsel; however, to date, these
documents  have  not  been  completed  and  returned.   Should   these
completed documents be  submitted,  the  Board  would  be  willing  to
reconsider this case.
Therefore, in the absence of substantial 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 September 2001 under the provisions of AFI 36-
2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Apr 01, w/atch.
      Exhibit B. Letter, HQ AFPC/DPPTR, dated 11 Jun 01.
      Exhibit C. Letter, SAF/MIBR, dated 22 Jun 01.
      Exhibit D. Counsel's Response




                             DAVID C. VAN GASBECK
                             Panel Chair

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