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AF | BCMR | CY2002 | 0103365
Original file (0103365.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03365
            INDEX NUMBER:  131.05
            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Survivor  Benefit  Plan  (SBP)  be  changed  to  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 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 a person’s eligibility as an SBP spouse beneficiary
terminates upon divorce.  However, the law provides two  mechanisms
for changing spouse coverage to former spouse coverage, which  must
be exercised within the first year following divorce.  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.

In this case, the  member  was  married  and  elected  spouse  only
coverage  based  on  full  retired  pay  prior  to  his  1  Nov  91
retirement.  They divorced on 13 Oct 92 and the court required  the
member to maintain his former spouse as the beneficiary to the SBP.
 However, neither party submitted a valid election in time.

On 7 Nov 01, the member was ordered to reinstate his former  spouse
as SBP beneficiary and provide a $100,000.00 life insurance  policy
until the SBP is restored.

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.  To date, member has  not
responded to the request.  They  found  no  evidence  of  error  or
injustice in this case.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 23 Jan 02 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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 note that the member has not responded to
the request for a completed DD Form 2656-1, and an  acknowledgement
of debt statement.   Therefore,  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.   Based
on the available evidence of record, we find no compelling basis to
recommend granting the relief sought in this  application  at  this
time.

___________________________________________________________________

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   01-03365   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 19 Nov 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 23 Jan 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 02, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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