Search Decisions

Decision Text

AF | BCMR | CY2002 | 0200754
Original file (0200754.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00754
            INDEX CODE  137.01
            COUNSEL:  ROBERT G. BERNSTEIN

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her former husband’s records be corrected to delete the July 1999  entry  in
his retired pay record that canceled her eligibility as a  Survivor  Benefit
Plan (SBP) beneficiary or, in the alternative a deemed  election  be  added,
effective 11 January 1994.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As part of their divorce she was  to  continue  to  be  listed  as  his  SBP
beneficiary, and  he  agreed  to  do  so.   However,  neither  he,  nor  the
attorney, knew they had to forward a copy of the divorce decree to  the  Air
Force within one year after the divorce.

In support of the appeal, the applicant  submits  her  personal  declaration
and a copy of her Separation Agreement.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
former service member's  military  records,  are  contained  in  the  letter
prepared by the appropriate office of the Air Force (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR recommends the application be denied and states,  in  part,  that
there is no evidence  the  service  member  attempted  to  establish  former
spouse SBP coverage on the  applicant’s  behalf  within  the  time  allowed.
However, the agreement provided the option to maintain SBP  coverage  either
for the applicant or their children.  It appears the  member  complied  with
the imprecise language of the court  order  when  he  continued  child  only
coverage until the youngest child lost eligibility.   The  service  member’s
decision not to convert child only coverage to  former  spouse  coverage  is
clearly indicative of his intent not to maintain SBP coverage for her.

The AFPC/DPPTR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant’s  counsel  reviewed  the  evaluation  and  states  that  the
evaluation  is  incorrect  in  stating  that  coverage  and  premiums   were
suspended from the spouse portion of  the  SBP  after  November  1993.   The
premiums for spouse  coverage  were  collected  through  1 July  1999.   The
applicant understands and agrees to pay the premium of $159.89 a month  from
1 July 1999 through 19 December 2001.  However, if she is required to  repay
premiums from November 1993, she will do so.

Counsel’s complete response, with attachments, 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 error or injustice.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  It  appears  the  member  complied  with  the  imprecise
language of the court order when he continued child only coverage until  the
youngest child lost eligibility.  Furthermore, it appears he did not  intend
to maintain SBP coverage for the applicant based  on  his  decision  not  to
convert child only coverage to  former  spouse  coverage.   The  applicant’s
contentions are duly noted; however, we do not  find  these  assertions,  in
and  by  themselves,  sufficiently  persuasive  to  override  the  rationale
provided by the  Air  Force.   The  office  of  primary  responsibility  has
adequately  addressed  applicant’s  contentions  and  we  agree  with  their
opinion and we adopt the rationale expressed as the basis for  our  decision
that the applicant has failed to sustain her burden that  she  has  suffered
either an error or an injustice.  Hence, we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  02-00754  in
Executive Session on 16 August 2002, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Chair
                  Mr. Roscoe Hinton, Jr., Member
                  Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 15 Feb 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPTR, dated 17 Apr 02.
      Exhibit D.  Letter, SAF/MRBR, dated 26 Apr 02.
      Exhibit E.  Letter, Counsel, dated 20 May 02, w/atchs.




             BARBARA A. WESTGATE
             Chair

Similar Decisions

  • AF | BCMR | CY1999 | 9802225

    Original file (9802225.doc) Auto-classification: Denied

    Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member’s death. There is no evidence of Air Force error, or basis in law to award the applicant an annuity; therefore, they recommend the request be denied. 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...

  • AF | BCMR | CY2002 | 0201316

    Original file (0201316.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPTR recommends the application be granted and states, in part, that although there is no error, to preclude a possible injustice, they recommend the member’s records be corrected to reflect his spouse coverage was suspended effective 22 September 1983, and on 1 March 1986, he elected to change his SBP spouse and child coverage to former spouse coverage based on the previous reduced level of...

  • AF | BCMR | CY2002 | BC-2002-01316

    Original file (BC-2002-01316.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01316 COUNSEL: TIM BIRNIE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late former husband’s records be corrected to show that he elected to continue to provide Survivor Benefit Plan (SBP) coverage naming her as beneficiary. _________________________________________________________________ AIR FORCE...

  • AF | BCMR | CY2003 | BC-2002-03271

    Original file (BC-2002-03271.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03271 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husband's records be corrected to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) and any SBP premium payments due be waived. ...

  • AF | BCMR | CY2000 | 9703330

    Original file (9703330.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 97-03330 INDEX NUMBER: 137.01 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Applicant is the widow of the former servicemember who requests corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity. The servicemember died on 5 August 1985, but the applicant did not apply for the...

  • AF | BCMR | CY1999 | 9802357

    Original file (9802357.doc) Auto-classification: Denied

    Consequently, he was not eligible to provide coverage on the applicant’s behalf following their divorce. 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ The following members of the Board...

  • AF | BCMR | CY1999 | BC-1996-02679A

    Original file (BC-1996-02679A.doc) Auto-classification: Denied

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 96-02679 INDEX NUMBER: 137.04 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Applicant is the widow of the former servicemember who requests that her husband’s Survivor Benefit Plan (SBP) former spouse coverage be changed to spouse coverage, naming her as the SBP beneficiary. ...

  • AF | BCMR | CY1999 | 9602679A

    Original file (9602679A.doc) Auto-classification: Denied

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 96-02679 INDEX NUMBER: 137.04 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Applicant is the widow of the former servicemember who requests that her husband’s Survivor Benefit Plan (SBP) former spouse coverage be changed to spouse coverage, naming her as the SBP beneficiary. ...

  • AF | BCMR | CY2004 | BC-2004-01375

    Original file (BC-2004-01375.doc) Auto-classification: Approved

    DPPTR adds that should the applicant provide the pertinent documentation, it would be appropriate to change the record to reflect on the day following the date of divorce, he elected to change his SBP coverage to former spouse coverage based on previous reduced level of retired pay and contingent on recoupment of applicable premiums. DPPTR’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A...

  • AF | BCMR | CY2003 | BC-2002-01833

    Original file (BC-2002-01833.doc) Auto-classification: Denied

    On 7 Jun 02, it was requested that the member provide a completed DD Form 2656-1, SBP Election Statement for Former Spouse Coverage. A complete copy of the evaluation is at Exhibit B. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will...