RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00935
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to show that her former, now deceased
spouse, filed a timely election to change his Survivor Benefit Plan
(SBP) coverage from spouse and child to former spouse following their
divorce.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1993 she inquired as to her eligibility for SBP and it was
determined that she was no longer eligible. Her name was removed from
eligibility. Her then ex-husband filled out the required paperwork to
reinstate coverage and sent it to Randolph Air Force Base (AFB) and to
the applicant.
In support of her appeal, the applicant has provided copies of her
former spouse’s death certificate, the letter she received from the
Air Force informing her of her ineligibility for SBP, a previous DD
Form 149, Application for Correction of Military Record, an AF Form
1581,
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased member elected spouse and child SBP coverage based on
full, retired pay prior to his 1 July 1981 retirement. He and the
applicant divorced on 9 July 1986 and the divorce decree ordered that
no changes be made to the SBP coverage. There is no evidence the
deceased former member submitted the proper paperwork, within the one-
year allotted time to do so, to change his coverage to former spouse.
Defense Enrollment Eligibility Reporting System (DEERS) records show
he remarried on 21 February 1988 but again failed to notify the
finance center of the change to his marital status. In August 1993,
the finance center received notification of the member’s 1986 divorce
and suspended spouse SBP coverage. On 11 August 1994, the member
wrote the finance center and requested an update to his record to show
his daughter as his youngest eligible child but again failed to report
his marriage to that child’s mother. The deceased member divorced
again on 29 May 1997 and he died on 17 January 2003. His daughter is
currently receiving an SBP annuity.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. DPPTR states that neither the applicant
nor the decedent submitted a valid request for former spouse coverage
within one year following their divorce. Records show that the
applicant contacted DFAS in August 1993, inquiring about former spouse
coverage on her behalf and was advised to submit a request for
correction to change the status. There is no record a request for
correction was received. DPPTR notes that should the AFBCMR grant the
applicant’s request, the unpaid premiums that would have been deducted
from the member’s retired pay through the day of his death
(approximately $20,300) would be deducted from any annuity payment the
applicant would be entitled to receive.
DPPTR’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that the inclusion of her deceased spouse’s daughter
to his SBP election should show that she was not added within the one-
year allotted to do so and, while paternity of the daughter was never
officially established, he did accept her as his own and also told her
as well as his daughter and other’s that she could not have been his
as he was sterile. She argues that the Air Force did receive a copy
of the original divorce decree and that she should’ve been notified at
that time of any SBP problems.
Applicant’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 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. There is no evidence available to show a valid
election took place. 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-
2003-00935 in Executive Session on 24 September 2004, under the
provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Michael K. Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 18 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 03.
Exhibit E. Letter, Applicant, dated 22 Aug 04, w/atchs
ROSCOE HINTON, JR
Panel Chair
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