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AF | BCMR | CY2001 | 0102153
Original file (0102153.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02153
                       INDEX CODE:  137.00

      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to  reflect  he  made  an  election  under  the
Reserve Component Survivor Benefit  Plan  (RCSBP)  for  former  spouse
coverage.

_________________________________________________________________

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 applicant was notified of eligibility to participate in  RCSBP  on
22 Aug 91.  The applicant elected spouse and child  coverage,  for  an
immediate annuity. On 29 Jun 00,  the  applicant  and  his  wife  were
divorced.  The divorce decree awarded his wife former spouse  coverage
under SBP.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS states the applicant did not request former  spouse  coverage
within the required time frame. Title 10 United  States  Code  Section
1450 (f)(3)(C) states that "Time limit for request by  former  spouse.
An election may not be deemed to have been made under subparagraph (a)
in the case of any person unless the Secretary  concerned  receives  a
request from the former spouse of the person within one  year  of  the
date of the court order or filing involved."   Neither  the  applicant
nor his former spouse submitted a request to change the election  from
spouse to former
spouse during the  required  time  frame.   Therefore,  based  on  the
evidence provided they recommend denying the applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that neither he nor his former spouse knew of the
statutory time limit.  He  further  states,  to  his  knowledge,  that
neither his attorney nor his former wife's attorney was experienced in
the matters of cases involving SBP.  He reiterates how  stressful  the
divorce was on him  and  his  former  wife  and  that  they  have  not
maintained a line of communication.  The court and his intentions  are
for his former spouse to receive this benefit.   Applicant's  complete
response is attached at Exhibit E.

_________________________________________________________________

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.   After  thoroughly
reviewing the evidence of record,  we  believe  that  the  applicant's
records should be corrected to reflect that he elected  former  spouse
coverage under the RCSBP within the required timeframe.  To  deny  the
applicant's request would  be  denying  the  former  spouse  an  asset
awarded to her by the court as a result of the divorce.   In  view  of
the foregoing, we recommend his records be  corrected  to  the  extent
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 on 29 June 2000, he
elected to change his Reserve Component Survivor Benefit Plan "spouse
and child coverage" to "former spouse coverage," under the Survivor
Benefit Plan (SBP), naming (FRMR SPOUSE NME) as beneficiary based on
full retired pay.
_________________________________________________________________

The following members of the Board considered  this  application  in
Executive Session on November 20, 2001, under the provisions of  AFI
36-2603:

                Mr. David C. VanGasbeck, Panel Chair
                Ms. Patricia D. Vestal, Member
                Mr. Michael J. Novel, Member

All members voted to correct the records, as recommended.  The
following documentary evidence was considered:

           Exhibit A.  DD Form 149, dated 28 Jul 01, w/atchs.
           Exhibit B.  Microfiche.
           Exhibit C.  Letter, HQ ARPC/DPS, dated 31 Aug 01.
           Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
           Exhibit E.  Applicant's Response, dated 17 Sep 01.




                 DAVID C. VANGASBECK
                 Panel Chair








AFBCMR 01-02153
INDEX CODE:  137.00

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 APPLICANT, SSN, be corrected to show that on 29
June 2000, he elected to change his Reserve Component Survivor
Benefit Plan "spouse and child coverage" to former spouse coverage,"
under the Survivor Benefit Plan (SBP), naming (FMR SPOUSE NAME) as
beneficiary based on full retired pay.




                 DONNA PITTENGER
                 Chief Examiner
                 Air Force Board for Correction
                 of Military Records

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