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AF | BCMR | CY2003 | BC-2002-01833
Original file (BC-2002-01833.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01833
            INDEX CODE:  137.00

            COUNSEL:  WALTER W. GERHARDT

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Survivor  Benefit  Plan  (SBP)  be  changed  to  former  spouse
coverage.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The present record does not list his former spouse  as  beneficiary
to the SBP as directed by the divorce court.

In support of applicant’s appeal, he submitted a copy  of  excerpts
from the divorce decree.

Applicant’s complete submission is 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.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR 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  and  child
coverage  based  on  full  retired  pay  prior  to  his  1  Apr  93
retirement.  The youngest child  lost  eligibility  Jun  94.   They
divorced on 22 Jan 96 and the court required the member to maintain
his former spouse as the beneficiary to the SBP.  However,  neither
party submitted a valid election change within  the  required  time
limit.  SBP premiums were suspended shortly after  the  divorce  by
the finance center, and in the event relief is granted, retroactive
SBP premiums of approximately $26,588 must be recovered.

On 7 Jun 02, it was requested that the member provide  a  completed
DD Form 2656-1, SBP Election Statement for Former Spouse  Coverage.
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 B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 2 Aug 02 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (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 note  that  the  member  has  not  provided  the
requested DD Form 2656-1.  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 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 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
02-01833 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 30 May 02, w/atch.
     Exhibit B.  Letter, HQ AFPC/DPPTR, dated 30 Jul 02, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 2 Aug 02.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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