RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00708
INDEX CODE: 137.04
XXXXXXX COUNSEL:
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former late husband's records be corrected to show that he elected
former spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of her former late husband’s retirement, they elected SBP
coverage. Subsequently, they were divorced and her divorce documents
did not preserve survivor benefits as a former spouse.
In support of her request, applicant submitted a copy of the former
service member’s Death Certificate; a copy of their divorce decree;
and copies of the former service member’s DD Form 214 (Armed Forces of
the United States for Report of Transfer or Discharge), retirement
order, dated 19 Feb 70, and documents associated with his retirement
for disability.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant and the former military member were married prior to him
retiring for disability effective 6 Mar 70. Because the decedent was
incompetent for pay and records, an election was made on his behalf
for spouse and child coverage under the Retired Serviceman’s Family
Protection Plan (RSFPP). The RSFPP was terminated in conjunction with
the decedent’s open enrollment election (21 Sep 72 - 20 Mar 74) for
spouse only SBP coverage based on a reduced level of retired pay. The
applicant and the decedent divorced on 30 Jan 78, the divorce decree
was silent on the SBP, and premiums were suspended. The former
military member died on 1 Oct 01.
_________________________________________________________________
AIR STAFF EVALUATION:
HQ AFPC/DPPTR reviewed this application and states the law in effect
at the time of the applicant’s divorce did not allow retired members
to provide SBP coverage even if they wished to voluntarily continue
their former spouse’s eligibility; therefore, amending the original
divorce decree would not provide standing to establish SBP coverage to
the applicant. However, the former military member could have elected
to change spouse coverage to the insurable interest type of former
spouse coverage during the one-year period authorized by Public Law
(PL) 98-94, or to former spouse coverage with spouse features in 85-
86. Finally, there is no indication a request for SBP protection was
submitted on behalf of the applicant during either open enrollments
authorized by PL 101-189 or 105-261 by the member or his guardian.
They found no evidence of error in this case and recommended that
relief be denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
A copy of the evaluation was forwarded to applicant’s counsel on
19 December 2003 for review and comment within 30 days. As of this
date, this office has received no response 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 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 BC-
2003-00708 in Executive Session on 27 January 2004, under the
provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Leslie E. Abbott, Member
Mr. Mike Novel, Member
Exhibit A. DD Form 149, dated 17 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 12 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
JOSEPH A. ROJ
Panel Chair
He could have elected former spouse SBP coverage for her during the 1992 open enrollment. However, spouse premiums could be terminated following divorce if the member additionally selected Option 4. He could have elected former spouse SBP coverage for her during the 92 open enrollment.
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