RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02706
INDEX CODE: 137.00
COUNSEL: NONE
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late former spouse’s records be corrected so that she may be
eligible for a Survivor Benefit Plan (SBP) annuity.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The decedent agreed to her receiving half of his retirement and was
supposed to have taken care of survivor’s benefits, as told to her
and her attorney at the time of divorce.
In support of her appeal, applicant submitted a copy of the former
member’s death certificate and a copy of their divorce decree.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant and the decedent were married on 2 Jul 55; however,
the decedent declined SBP coverage prior to his 1 Jan 81
retirement. The parties divorced on 6 Nov 85, and the court order
did not refer to the SBP. On 30 Jul 01, the decedent remarried. He
died on 21 Jun 02.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR reviewed this application and recommended denial.
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. Retirees were permitted to
elect former spouse coverage during the one-year open enrollment
periods authorized by Public Laws (PLs) 101-189 and 105-261
(1 Apr 92 – 31 Mar 93 and 1 Mar 99 – 29 Feb 00, respectively).
Enrollment packets, advising retirees of the opportunity to make an
election or change their SBP coverage, as well as the form to use,
were included in both the Feb 92 and Jan 99 editions of the
Afterburner, News for USAF Retired Personnel. These issues and
others published during those periods were sent to the
correspondence address members had provided the finance center and
contained points of contact for retirees to use to gain additional
information.
While the decedent may have agreed to provide half of his retired
pay to the applicant, division of retired pay is not considered and
should not be interpreted as pertaining to the SBP. SBP is similar
to commercial life insurance in that an individual must elect to
participate and pay the associated premiums in order to have
coverage. The decedent could have elected former spouse SBP
coverage on the applicant’s behalf during both enrollment periods,
but he failed to do so.
A complete copy of the evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant stated that since they did not trust her husband to do
what he said, they thought the retirement included in the property
settlement might help some but again they were wrong.
Applicant’s complete response to the evaluation is at Exhibit C.
___________________________________________________________________
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 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 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 AFBCMR Docket Number
02-02706 in Executive Session on 21 January 2003, 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 16 Aug 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 17 Sep 02.
Exhibit C. Letter, SAF/MRBR, dated 20 Sep 02.
Exhibit D. Letter, Applicant, 2 Oct 02.
DAVID C. VAN GASBECK
Panel Chair
However, the law provides two mechanisms for changing spouse coverage to former spouse coverage, which must be exercised within the first year following divorce. If neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. The decedent and the applicant were married on 28 Dec 83; in Sep 85, the decedent notified the finance center of the change in his marital status and spouse...
AF | BCMR | CY2002 | BC-2002-03158
The applicant and the member divorced on 3 February 1983. Effective 1 March 1986, Public Law (PL) 99-145 permitted retiring members to select SBP coverage for a former spouse with the same cost as coverage options as a spouse. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that SBP was set up to protect the spouse and this is why a spouse’s signature is...
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Even though the applicant and the decedent were married at the time of his retirement (1 Apr 91), records indicate that the applicant’s valid concurrence in the decedent’s SBP election was obtained prior to his retirement. Subsequently, the decedent was eligible to provide coverage for the applicant during two SBP open enrollment periods authorized by Public Laws (PLs) 101-189 and 105-126 (1 Apr 92 – 31 Mar 93 and 1 Mar 99 – 29 Feb 00, respectively). We took notice of the applicant's...
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The RSFPP election form provided by the applicant reflects he elected spouse and child coverage with Option 4. However, if the Board recommends granting the request, the decedent’s record should be corrected to show RSFPP spouse and child coverage based on one-half of his retired pay was established effective 1 June 1970. We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that her late husband’s intent not to extend...
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Public Law (PL) 92-425, which established the SBP on 21 September 1972, authorized an 18-month enrollment period for retired members to elect SBP coverage. There were no provisions in the laws during either of these open enrollment periods requiring the Services to notify a spouse if the member did not enroll. 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...
Public Law (PL) 92-425, which established the SBP on 21 September 1972, authorized an 18-month enrollment period for retired members to elect SBP coverage. There were no provisions in the laws during either of these open enrollment periods requiring the Services to notify a spouse if the member did not enroll. 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...