RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02867
INDEX CODE: 137.00
COUNSEL: None
HEARING DESIRED: Not
Indicated
MANDATORY CASE COMPLETION DATE: 19 MAR 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former late husband's record be corrected to reflect he elected
former spouse coverage under the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She should receive the survivor benefits because she is the former
spouse of the deceased servicemember and he did not remarry.
She had no knowledge that such a benefit existed. Her late-former
husband never told her about this benefit when they were married or at
the time of their divorce.
She did not know she had one year after the divorce to apply for this
benefit.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and late servicemember were married on 16 February 1974.
On 30 June 1997, the late servicemember was notified of his
eligibility to participate in the RCSBP. On 22 September 1997, the
servicemember submitted an election for Option C, Immediate Annuity
for Spouse and Child. The applicant and the servicemember were
divorced on 16 September 1999. The servicemember died on 27 March
2005.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/PSD states the servicemember and the applicant were divorced in
September 1999, and the SBP coverage for spouse and child was changed
to child only. Furthermore, it appears the applicant, in part, relies
on the transcript of the divorce hearing which contained questions
from her attorney discussing dividing present value equally. This is
not evidence of intent for former spouse coverage to be included in
the final order. There is no court order included directing former
spouse coverage under the SBP. The applicant stated her attorney
failed to be certain the process was completed within the one year
requirement. They recommend denying the requested relief.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that she
never knew the survivor benefit existed, so therefore she could not
apply for it within the one year window following their divorce. She
further requests consideration in correcting the RCSBP election of her
former late-husband (Exhibit D).
_________________________________________________________________
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 the recommendation of the Air
Force and its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. In this
respect, it appears that neither the servicemember nor the former
spouse submitted an valid election within the one-year period required
by law to establish former spouse coverage. There is insufficient
evidence presented indicating the servicemember’s intent to provide
former spouse coverage for the applicant. Therefore, 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 AFBCMR Docket Number BC-
2005-02867 in Executive Session on 10 February 2006, under the
provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Sep 05, w/atchs.
Exhibit B. Letter, HQ ARPC/PSD, dated 12 Oct 05, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 14 Oct 05.
Exhibit D. Letter, Applicant, undated, w/atchs.
KATHY L. BOOCKHOLDT
Panel Chair
AF | BCMR | CY2006 | BC-2005-02867
The applicant and the servicemember were divorced on 16 September 1999. She further requests consideration in correcting the RCSBP election of her former late-husband (Exhibit D). There is insufficient evidence presented indicating the servicemember’s intent to provide former spouse coverage for the applicant.
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