RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03538
INDEX NUMBER: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His SBP election date be changed for his former spouse coverage to
a later date.
___________________________________________________________________
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 all SBP elections for former spouse coverage,
submitted by the member or deemed by the former spouse, become
effective the month following the date of the court order. 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 full spouse and
child coverage prior to his 1 Aug 88 retirement. They divorced on
23 Jun 00 and SBP premiums stopped being deducted from the member’s
retired pay. The youngest child lost eligibility in Jun 00. His
former spouse submitted a deemed election request dated 8 Nov 00,
and the member submitted a former spouse election 19 Jun 01. In
Jul 01, former spouse coverage was established retroactive to the
divorce and a debt began to be taken out of his retired pay.
They further state that while it is unfortunate the member received
incorrect information pertaining to the effective date of former
spouse coverage, it does not alter the fact that provisions of PL
105-261 were in effect at the time of divorce. Therefore, the debt
is valid.
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 1 Mar 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 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 01-03538 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 28 Jan 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 26 Feb 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Mar 02, w/atchs.
DAVID C. VAN GASBECK
Panel Chair
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