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AF | BCMR | CY2004 | BC-2004-02014
Original file (BC-2004-02014.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02014
            INDEX NUMBER:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he filed  a  timely  election  for
former spouse coverage under the Survivor Benefit Plan (SBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was unaware that notification of change was required  after  his
divorce.  If his records are corrected, he will be able to continue
his financial assistance, as was his intent.

In support of his request,  applicant  provided  a  DD  Form  1883,
Survivor Benefit Plan - Election Certificate, and  a  copy  of  his
Retirement Order.

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

___________________________________________________________________

STATEMENT OF FACTS:

The Air Force indicates the  member  and  his  former  spouse  were
married on 7 Oct 61, and he elected spouse and child  SBP  coverage
based on a reduced level of retired pay  prior  to  his  1  Sep  75
retirement.  The youngest child lost eligibility on 30 Jun 94.  The
parties divorced, however, confirmation  of  the  date  of  divorce
cannot  be  verified.   Defense  Enrollment  Eligibility  Reporting
System (DEERS) records show that the  member  subsequently  married
his current spouse, but  she  is  no  longer  eligible  to  receive
medical benefits.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this application and recommended denial, due
to incomplete documentation.  A  person’s  eligibility  as  an  SBP
spouse beneficiary  terminates  upon  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 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.  Although SBP  premiums
may continue to be deducted from the member’s retired pay following
divorce, the former spouse  is  not  eligible  to  receive  annuity
payments in the event of the member’s death.

There is no evidence the  member  submitted  a  valid  election  to
change his spouse and child SBP coverage to former spouse or notify
the finance center of his remarriage.  SBP premiums continue to  be
deducted from the member’s  retired  pay  and  records  erroneously
reflect his former spouse’s date of birth as  the  eligible  spouse
beneficiary.

On 28 Jun 04, AFPC requested the  member  provide  a  copy  of  his
marriage certificate to both his  former  spouse  and  his  current
spouse, complete finalized copies of all  divorce  decrees,  and  a
properly completed DD Form  2656-1,  Survivor  Benefit  Plan  (SBP)
Election Statement for Former Spouse Coverage,  documents  required
to  properly  establish  former  spouse  coverage.   He   has   not
responded.

The complete Air Force evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Aug 04, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office (Exhibit C).

___________________________________________________________________

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.   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-
02014 in Executive Session on 2 December 2004, under the provisions
of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Mr. Michael J. Novel, Member
      Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPTR, dated 19 Aug 04, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Aug 04.




                                   ROSCOE HINTON JR.
                                   Panel Chair

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