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AF | BCMR | CY2004 | BC-2004-01282
Original file (BC-2004-01282.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01282
            INDEX CODE:137.00

            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he elected former spouse  coverage
under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His former spouse failed  to  make  the  election  for  former  spouse
coverage within a year following their divorce.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The servicemember and J. were divorced on 10  February  2000  and  the
divorce decree ordered the applicant  provide  SBP  coverage  on  J’s.
behalf.  Neither the applicant nor J.  made  an  election  for  former
spouse coverage within one  year  of  their  divorce.   The  applicant
married T. on 14 February  2000  and  elected  SBP  spouse  and  child
coverage based on full retired pay.  The applicant retired on 1 August
2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR indicates that since the request involves two potential SBP
beneficiaries.  No recommendation is provided.

A complete copy of the Air Force evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 June 2004, the Board staff forwarded  the  applicant  copies  of
memorandums from HQ USAF/JAG/JAA  which  will  be  considered  in  the
processing of his application (Exhibit C).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an injustice.  We  took  notice  of  the  applicant's
complete   submission   in   judging   the   merits   of   the   case.
Notwithstanding the opinions rendered by HQ USAF/JAA, after thoroughly
reviewing the circumstances of this case, it is  the  opinion  of  the
Board that the former spouse should  receive  the  SBP  annuity.   The
Board notes the current spouse  has  provided  a  notarized  statement
relinquishing her entitlement to the SBP.  The Board is  persuaded  it
was the applicant’s intent  to  provide  his  former  spouse  the  SBP
annuity and is satisfied his current spouse  is  fully  aware  she  is
relinquishing her entitlement to the annuity.   Therefore,  the  Board
accepts  the  opinion  and  recommendation  from  the  Air  Force  and
recommends  the  applicant’s  records  be  corrected  to  the   extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 31 July 2003,  he
elected former spouse  coverage  under  the  Survivor  Benefit  Plan,
naming              as former spouse beneficiary based on  a  reduced
amount of $680.00.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-01282 in Executive Session on 20 July 2004, under the  provisions
of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Joseph A. Roj, Member
                       Mr. Michael J. Novel, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Apr 04, w/atchs.
      Exhibit B. Letter, HQ AFPC/DPPTR, dated 5 May 04.
      Exhibit C. Letter, AFBCMR, dated 18 Jun 04, w/atchs.




                             ROSCOE HINTON, JR.
                             Panel Chair






AFBCMR BC-2004-01282






MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it
is directed that:

      The pertinent military records of the Department of the Air
Force relating to                           , be corrected to show
that on 31 July 2003, he elected former spouse coverage under the
Survivor Benefit Plan, naming                          as former
spouse beneficiary based on a reduced amount of $680.00.




                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency

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