RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02772
INDEX NUMBER: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her late ex-husband's records be corrected so that she may be
eligible for 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 at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR reviewed this application and recommended denial.
They state that the law controlling the SBP allows a retired member
to convert from spouse to former spouse coverage within one year
following divorce. Former spouse coverage made pursuant to a
written agreement that was incorporated in the divorce decree
remains in effect unless the court order is modified.
The decedent established former spouse coverage (for his first
former spouse) based on a voluntary written agreement pursuant to
their court order and there is no evidence he attempted to
establish SBP coverage on the applicant’s behalf within the first
year of marriage, or following their divorce. To approve the
applicant’s request would deny a benefit that the decedent agreed
to provide to his former spouse from his first marriage.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded to the Air Force evaluation by letter, dated 14
November 2001.
Applicant’s complete response is at Exhibit E.
___________________________________________________________________
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 recommendation
of the Air Force office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. 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
AFBCMR Docket Number 01-02772 in Executive Session on
23 April 2002, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Sep 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 29 Oct 01, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Nov 01, w/atchs.
Exhibit E. Letter, Applicant’s Response, dated 14 Nov 01,
w/atchs.
DAVID C. VAN GASBECK
Panel Chair
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They stated the laws controlling the SBP preclude a married member, who declined spouse coverage at the time of retirement, from providing SBP former spouse coverage following divorce unless Congress authorizes an open enrollment. A complete copy of the evaluation is at Exhibit B. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt...
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___________________________________________________________________ APPLICANT CONTENDS THAT: He incorrectly completed the DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and should have completed it to reflect former spouse coverage. On 1 Aug 02, they requested that the applicant provide a completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and his former spouse’s marriage certificate. The complete...
AF | BCMR | CY2004 | BC-2002-02424
___________________________________________________________________ APPLICANT CONTENDS THAT: He incorrectly completed the DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and should have completed it to reflect former spouse coverage. On 1 Aug 02, they requested that the applicant provide a completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and his former spouse’s marriage certificate. The complete...
The retiree may file an election change, or the former spouse may request the retiree be deemed to have made such a change on his or her behalf as long as legal documentation is provided that the member agreed or that the court ordered the member to establish former spouse coverage. On 4 Dec 01, it was requested that the member provide a completed DD Form 2656-1, SBP Election Statement for Former Spouse coverage, and an acknowledgement of debt statement. ...
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