RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00769
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show that the beneficiary eligibility of his
former spouse to his Survivor Benefit Plan be deleted and that his
current spouse be named beneficiary.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His former spouse and he were married for one year and 46 days, from
15 August 1967 to 30 September 1968, while he was on active duty. His
former spouse remarried on 2 November 2003, thereby nullifying her as
an SBP beneficiary, by court order.
In support of his appeal, the applicant has provided a personal
statement, copies of his marriage certificate, report of birth abroad,
a divorce judgment and separation agreement, a modification order to
that agreement, copies of pertinent correspondence between the
applicant and the Defense Finance and Accounting Service (DFAS), and
an application, license and certificate of marriage to his current
spouse.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant retired from the United State Air Force effective 1 October
1968. The record shows he elected SBP coverage for spouse and child
based on full, retired pay naming his former spouse as the
beneficiary. They divorced on 2 August 1985 and their separation
agreement contained his agreement to retain his former spouse’s
interest in SBP until she either remarried or died. He remarried on
14 September 1985 and, in October 1985 he submitted a valid request to
DFAS to establish former spouse coverage under the insurable interest
option. The former spouse remarried on 2 November 2003, however,
under the insurable interest option, her SBP eligibility is not
affected.
_________________________________________________________________
AIR FORCE EVALUATION:
Based on guidance issued by the AFBCMR on 18 March 2004, AFPC/DPPTR
declines to submit an advisory opinion as this application involves
two potential beneficiaries.
DPPTR’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9
March 2004 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice. At the time of his
retirement in 1968, applicant elected spouse and child coverage under
SBP. He divorced his wife on 2 August 1985 and he agreed to retain
his former spouse’s interest in SBP until she remarried or died. In
1985, the only option to provide coverage for his former spouse was
under the insurable interest option. In October 1985, he submitted a
valid request and coverage was established. His former spouse
remarried in 2003 and applicant, in his appeal to this Board, requests
that the beneficiary eligibility of his former spouse to his SBP be
deleted and his current spouse be named beneficiary. Although the
separation agreement and divorce decree stated that he only had to
retain coverage until his former spouse remarried or died, under the
insurable interest option of SBP, his former spouse’s remarriage did
not affect her (former spouse) eligibility as the SBP beneficiary. We
are not unsympathetic to the applicant’s dilemma; however, as the
record now stands the former spouse is the legal beneficiary and
without an agreement from her (former spouse) waiving her entitlement,
we find no basis upon which to recommend favorable action on 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-
2004-00769 in Executive Session on 20 July 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 12 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Mar 04.
ROSCOE HINTON JR
Panel Chair
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