RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02836
INDEX CODE: 137.04
XXXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouse’s records be corrected to show he elected former spouse
coverage on her behalf under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her former spouse reinstated SBP for her within one year after their
divorce. She is entitled to SBP payments.
In support of her application, the applicant provides copies of their
marriage certificate, the decedent’s death certificate, and correspondence
to a congressional member concerning her SBP entitlement with attachments.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent retired from the Air Force on 1 August 1965 at the age of 41
after serving 20 years, 3 months, and 29 days on active duty. He retired
in the grade of master sergeant. The applicant and the decedent married on
9 May 1952 and were divorced on 15 April 1987. The decedent died on 29
June 1998.
The remaining relevant facts pertaining to this application, extracted from
the decedent’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends denial. DPPTR states that the decedent elected
spouse and child coverage under the SBP during the Plan’s initial
enrollment period (21 September 1972 - 20 March 1974). Their youngest
child lost eligibility in September 1983. The records reflect the decedent
submitted a request to the finance center to terminate the applicant’s SBP
coverage following their divorce. Records further indicate the decedent
married a second spouse on 17 June 1988. He requested SBP coverage to be
established on her behalf, and costs began on the first anniversary of
their marriage. The decedent and his second spouse divorced on 22 January
1993 and he again requested his SBP coverage to be stopped.
DPPTR states a person loses eligibility to receive an SBP spouse annuity
following divorce. However, the law provides two mechanisms for changing
spouse coverage to former spouse coverage. Both 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. In the latter case, the former spouse must
provide legal documentation that the member agreed, or that the court
ordered the member, to establish former spouse coverage. If neither the
member nor the former spouse requests the election change during the one-
year eligibility period, former spouse coverage may not be established
thereafter.
DPPTR states that there is no evidence the decedent intended to provide SBP
coverage for the applicant following their divorce. Rather, his request to
the finance center to terminate coverage shortly after their divorce
clearly reflects he no longer wanted her to receive SBP payments in the
event of his death. It is DPPTR’s opinion that there is no Air Force
error or injustice. The DPPTR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant believes she is entitled to SBP payments and appreciates
anything that can be done for her. The applicant’s rebuttal 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. After reviewing the evidence of record,
we are not persuaded that the applicant has been the victim of an error or
injustice. Evidence provided, indicates the decedent chose to terminate
the applicant’s SBP coverage following their divorce on 15 April 1987. The
applicant has not provided any evidence that would lead us to believe that
the decedent intended to resume SBP coverage on her. Therefore, in the
absence of evidence to the contrary, 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. Accordingly, 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 this application 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
The following documentary evidence was considered in connection with AFBCMR
Docket No. BC-2003-02836:
Exhibit A. DD Form 149, dated 4 Jul 03, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 17 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 26 Sep 03.
Exhibit E. Applicant’s Rebuttal, dated 14 Oct 03.
JOSEPH A. ROJ
Panel Chair
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