RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00823
INDEX NUMBER: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased former spouse’s records be corrected to show that he
elected coverage for her under the Survivor Benefit Plan (SBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her former spouse told her that she would be entitled to two-thirds
of his retirement pay in case something happened to him. She was
never told that she was dropped from the plan in 1987. Her sister
looked into the matter, and was told that she should have been
notified and sent a form to sign, giving her the opportunity to pay
for it. She did not receive anything.
In support of her request, applicant provided a copy of her former
spouse’s DD Form 214, Report of Separation from Active Duty, a
Certification of Appreciation from the United States Air Force, a
copy of his Certificate of Death, and copies of their Marriage
License and Decree of Divorce.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant and the member were married on 16 Jun 56. The former
member elected spouse only SBP coverage based on a reduced level of
retired pay prior to his 1 Sep 75 retirement. The parties divorced
on 16 Jul 79; the divorce decree was silent on the SBP. Neither
party remarried and the member died on 8 Jan 00.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommends denial. 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. The fact that the member paid spouse
premiums until 1987 is not in itself evidence of his intent to
provide coverage on the applicant’s behalf. He 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
98-94, or to former spouse coverage with spouse features in 85-86,
but failed to do so. 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. There is no evidence of Air Force error or
injustice.
The complete Air Force evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responds through her United States Senator stating,
in part, that her ex-husband simply neglected to request the
required changes to his SBP that would have allowed her to receive
benefits upon his death. Her ex-husband had an ongoing battle with
alcoholism for many years during their marriage, which may have
hindered his ability to manage this matter responsibly before his
death. She was under the impression that when he signed up for
spousal benefits, and paid into it, that it was not something that
could ever be changed.
Her complete submission, with attachments, is at 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. The former member
had several opportunities to extend SBP coverage to the applicant
during the open enrollment periods authorized by Congress; however,
there is no evidence an election was made. 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 Docket Number BC-2004-
00823 in Executive Session on 20 July 2004, under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Michael J. Novel, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Mar 04, w/atchs
Exhibit B. Letter, AFPC/DPPTR, dated 13 Apr 04
Exhibit C. Letter, SAF/MRBR, dated 16 Apr 04
Exhibit D. Letter, Senator Brownback, dated 30 Apr 04
ROSCOE HINTON JR.
Panel Chair
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