RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01811
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 December 2006

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APPLICANT REQUESTS THAT:

The daughter of the retired member is requesting that his  records  be
corrected to show he elected  Survivor  Benefit  Plan  (SBP)  for  his
former spouse.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Retired Serviceman’s Family Protection Plan  (RSFPP)/SBP  coverage
was continued according to mutual consent as  stated  in  the  divorce
decree and the Air Force terminated  it  without  his  or  his  former
spouse’s knowledge.

In support of the appeal,  applicant  submits  a  personal  statement,
marriage certificate, divorce decree, retirement order,  certification
by M--- E--- H--- for direct deposit, cancellation  of  SBP  coverage,
retiree account statement, Survivor Benefit  Plan  Election  Statement
for former spouse  coverage,  Power  of  Attorney,  Medical  Proof  of
Incompetency.  Applicant's complete submission, with  attachments,  is
at Exhibit A.

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STATEMENT OF FACTS:

The former member and M--- married on 11 March  1944  and  he  elected
spouse and child Retired Serviceman’s Family Protection  Plan  (RSFPP)
coverage prior  to  his  1  February  1971  retirement.   The  parties
divorced on 21 June 1971 and although unenforceable as to  the  RSFPP,
the Court authorized the continuation of deductions  from  the  former
member’s retired pay for insurance  premiums  and  the  family  income
protection agreement.  The  former  member  and  H---  married  on  21
January 1972 and the finance center correctly terminated M---‘s  RSFPP
coverage when processing the former member’s SBP election  for  spouse
and child SBP coverage based on full retired pay on H---‘s behalf.  H--
-‘s date of birth, 18 March 1925, was reflected as that of the  former
member’s  eligible  spouse  beneficiary.   The  youngest  child   lost
eligibility in October 1980 and RSFPP coverage and  SBP  coverage  and
costs for the children’s portion of the SBP ceased.  H--- died  on  20
August 1993 and spouse SBP coverage and premiums were suspended.

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AIR FORCE EVALUATION:

AFPC/DPPRT states the law in effect at the time of the former member’s
divorce did not allow retired members to provide either RSFPP  or  SBP
former spouse coverage even if they  wished  to  voluntarily  continue
their former  spouse’s  eligibility.   Since  the  former  member  was
married during the SBP’s initial open enrollment, he  could  not  have
elected insurable interest coverage for M--- as the applicant  claims.
However, the former could have elected to change  spouse  coverage  to
the insurable interest type of former spouse coverage during the  one-
year period authorized by PL 98-94, or to former spouse coverage  with
spouse features in 85-86, but there is no evidence  he  submitted  any
request.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the  finance  center  set  up  and  allowed  the
deductions and coverage for her mother from 21 June  1971  until  they
terminated the coverage.  Her mother did have coverage of RSFPP  after
the divorce.  However, the finance center did not notify her mother or
change the deductions to her allotment when they terminated  coverage.
The former member intended to keep the RSFPP coverage in  addition  to
electing SBP coverage.  He did not know that coverage for  her  mother
had been terminated.

In 2001 when reviewing his  assets/estate  with  his  lawyer,  he  was
informed that her mother  did  not  have  coverage.   He  submitted  a
request for Former Spouse Coverage at that time and  he  notified  her
mother that she did not have coverage  but  that  he  was  seeking  to
rectify the error.

There is evidence of Air Force error in this  case.   Approval  should
not be contingent upon recovery of any premiums since the  change  and
failure to notify her mother were actions of  the  Air  Force  Finance
Center.

Applicant's complete response is attached at Exhibit E.

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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
and adopt their rationale as the basis for  the  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
basis to recommend granting the relief sought in this application.

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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 October 2005, under the provisions of AFI  36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Jun 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRT, dated 11 Jul 05.
      Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05.
      Exhibit E. Attorney’s response, undated.




                             MICHAEL K. GALLOGLY
                             Panel Chair