RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01703
INDEX CODE:137.00
APPLICANT (Deceased) COUNSEL: None
SSN HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former late-husband’s records be corrected to entitle her to a
Survivor Benefit Plan (SBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The service member was ordered by the court to maintain the children
and herself as beneficiaries on his life insurance and pension.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and the service member were divorced on 11 Jun 82. The
court ordered the service member to keep the children and the
applicant as beneficiaries on his military life insurance. There is
no reference to SBP in the divorce decree.
The service member's finance records reflect that prior to his Mar 85
retirement he declined to elect SPB coverage. The service member's
spouse signed the election form concurring with the decision not to
elect SBP, thereby indicating that he had remarried. The service
member died on 12 Apr 01; however, the death certificate indicates he
was divorced.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed the
application and states the law in effect at the time the service
member divorced the applicant did not have a provision to elect SBP
coverage for a former spouse even if the divorce decree made a
reference to the SBP. The service member had the option upon
his retirement to elect coverage for applicant under the insurable
interest option, but he failed to do so. The service member did not
elect coverage for his minor children at the time of his retirement.
The service member's records reflect that during the 92-93 open
enrollment an election packet was mailed to him at his address of
record, but there is no record that he returned an election.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 27 Jul 01, for review and response. 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 timely filed.
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 agree with the opinion and the recommendation of the Air
Force and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. The
law controlling SBP did not allow former spouse coverage until the
passage of Public Law (PL) 98-94, which became effective after the
parties divorced. The service member could have elected former spouse
coverage for the applicant during the 1 Apr 92 - 31 Mar 93 open
enrollment but failed to do so. Therefore, in the absence of 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 8 Jun 01, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 20 Jul 01, w/atchs.
Exhibit C. Letter, SAF/MIBR, dated 27 Jul 01.
DAVID C. VAN GASBECK
Panel Chair
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