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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