RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02236
INDEX CODE: 137.01
COUNSEL: PRESCOTT L. PRINCY
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 14 JAN 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouse’s records be corrected to show he elected “Former
Spouse” coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
SBP payments are currently going to another woman whom her now
deceased, former spouse is not even married to. Applicant is
receiving his social security benefits. She contends she was married
to him for 26 years, 19 of which were spent in the Air Force.
In support of her appeal, the applicant has provided a personal
statement and copies of a marriage license, a retirement order, an SBP
election certificate, a death certificate, court documents, and
correspondence between her and the Defense Manpower Data Center (DMDC)
and the Veteran’s Administration (VA).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and the member were married on 13 July 1955. Prior to
his 1 June 1974 retirement, he elected spouse only SBP coverage based
on a reduced level of retired pay. They divorced on 1 march 1984 and
the divorce decree was silent on SBP. There is no evidence an
election to establish SBP coverage for the applicant was made
following their divorce or during the open enrollment period provided
for by Public Law (PL) 99-145. An April 1988 entry in finance records
show when the divorce became a matter of record, the decedent’s SBP
spouse only coverage was retroactively suspended and overpaid premiums
were refunded to him. He died on 17 May 2002 and the death
certificate reflects his marital status as divorced.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. DPPRT states the fact that the member
paid spouse premiums for over five years after their divorce is not in
itself evidence of intent to provide coverage. He did not attempt to
re-establish the applicant’s SBP following receipt of the premium
refund.
DPPRT’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
12 August 2005 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 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 its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. The now-deceased member received a refund of
premiums he paid following his divorce from the applicant. He made no
attempt to re-establish applicant’s SBP coverage by electing “former
spouse” coverage after receipt of the refund and their divorce decree
was silent regarding SBP coverage. We took noted of the applicant’s
contention that another woman is receiving SBP payments. However, DFAS
has no record of anyone currently receiving an SBP annuity under the
decedent’s name. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
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-
2005-02236 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 12 Jul 05, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 10 Aug 05.
Exhibit C. Letter, SAF/MRBR, dated 12 Aug 05.
MICHAEL K. GALLOGLY
Panel Chair
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