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AF | BCMR | CY2006 | BC-2005-02784
Original file (BC-2005-02784.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02784
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 JANUARY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect his former first spouse as  the  eligible
Survivor Benefit Program  (SBP)  beneficiary  as  dictated  in  his  divorce
decree.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was required by court to designate his former spouse as  the  beneficiary
of his SBP.  Through an oversight, he  did  not  perform  the  action.   His
former spouse is entitled to  the  SBP.   In  support  of  his  request  the
applicant submits his SBP election statement for former spouse  coverage,  a
notarized statement, and a copy of his divorce decree.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant and his former spouse were married on  11  May  1963,  and  he
elected spouse only SBP coverage based on a reduced  level  of  retired  pay
prior to his 1 April 1984 retirement.  The  parties  divorced  on  20  April
1988 and the Qualified Domestic Relations Order  stated  the  applicant  has
previously elected SBP coverage and those benefits should continue  in  full
effect on behalf of his former spouse.  However, neither submitted  a  valid
SBP election change during the first year following  the  date  the  divorce
was finalized.  The applicant remarried on 29 March 1989,  but  he  did  not
notify the finance center of the change in his martial  status  nor  request
coverage be established on his new wife’s  behalf.   The  SBP  data  at  the
finance center continues to reflect his former spouse’s  name  and  date  of
birth as  the  eligible  spouse  beneficiary.   Premiums  for  SBP  coverage
continue to be deducted from the applicant’s retired pay.

_________________________________________________________________

AIR FORCE EVALUATION:

Based on guidance issued by the AFBCMR on 18 March 2004, HQ  AFPC/DPPTR  has
no recommendation because it involves two potential SBP beneficiaries.

DPPTR’s evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 November 2005, the Board staff forwarded the applicant a copy  of  the
Air Force evaluation  and  memorandums  from  HQ  USAF/JAA  for  review  and
comment.  As of this date, this office has  received  no  response  (Exhibit
D).

_________________________________________________________________

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 HQ USAF/JAA and adopt  the  rationale
expressed as the basis for our decision that the  applicant  has  failed  to
sustain his burden that he  has  suffered  either  an  error  or  injustice.
Neither the applicant nor the  former  spouse  submitted  a  valid  election
within the one-year period  required  by  law  to  establish  former  spouse
coverage.  In addition, the AFBMCR cannot rule  on  a  dispute  between  two
claimants to a benefit that only one of them can receive.   Furthermore,  it
is not appropriate for the Board to adjudicate such  a  dispute  since  that
task is properly left to the courts.  However, if  the  applicant’s  current
spouse submits a notarized statement relinquishing her  entitlement  to  the
SBP, the Board may be  willing  to  reconsider  the  applicant’s  appeal  in
consideration of this evidence.  In  view  of  the  foregoing,  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 this application in  Executive
Session on 10 February 2006, under the provisions of AFI 36-2603:

                       Ms. Kathy L. Boockholdt, Panel Chair
                       Ms. Renee M. Collier, Panel Member
                       Ms. Janet I. Hassan, Panel Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-02784.

      Exhibit A.  DD Form 149, dated 30 Aug 05, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRT, dated 12 Oct 2005.
      Exhibit D.  Letter, AFBCMR, dated 17 Nov 05 w/atchs.





            KATHY L. BOOCKHOLDT
            Panel Chair

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