RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02849
INDEX CODE:137.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 18 MAR 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former late-husband’s records be corrected to reflect he made a
timely election for former spouse coverage under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
It was her former late-husband’s intention and desire that she be the
beneficiary for the SBP. The servicemember evidently was not aware
that he had to change the wording when he remarried.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The servicemember and the applicant were married on 6 July 1957. He
elected spouse only coverage based on full retired pay during the
initial enrollment period for SBP. The applicant and the
servicemember were divorced on 18 November 1986 and the divorce decree
was silent on the SBP. There is no evidence the servicemember
submitted a valid election to voluntarily change the SBP coverage from
spouse to former spouse within the required one year time limit
following their divorce. The SBP premium continued to be deducted
from the servicemember’s retired pay for seven years. The
servicemember married M. on 23 September 1994, and the servicemember
did not request that SBP coverage be established on her behalf. The
servicemember was awarded disability compensation by the Department of
Veterans Affairs (VA) and made direct remittance payments for the SBP
monthly premiums until his 2 July 2005 death. M. is receiving the
monthly SBP annuity; however, according to AFPC/DPPTR, she has applied
for and may be entitled to VA survivor benefits. The VA payments
would completely offset the SBP.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR indicates that since the request involves two potential SBP
beneficiaries, no recommendation is provided (Exhibit B).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 November 2005, the Board staff forwarded the applicant copies of
memorandums from HQ USAF/JAA and HQ AFPC/DPPRT which will be
considered in the processing of her application (Exhibit C).
The applicant reviewed the Air Force evaluations and states in April
2005, her former late-husband spoke with personnel at Kingsley Field
and was assured that she was the sole beneficiary for his SBP (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 an error or an injustice. We took notice of the
applicant’s complete submission in judging the merits of the case;
however, we agree with the opinions and the recommendations of the Air
Force and adopt their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or an injustice. We
do not take issue with the applicant’s contention that it may have
been her deceased former husband’s intention to provide former spouse
coverage for her under the SBP, but he did not do so, as evidenced by
no mention of SBP coverage in the divorce decree. This is indeed
regrettable. However, since neither the applicant nor her deceased
former husband took the necessary actions to ensure she was provided
former spouse coverage under the SBP within the one-year period in
which they could have done so, it appears that the applicant has no
legal entitlement to the relief sought. We are not unsympathetic to
her situation. However, in the absence of a showing that the
applicant is legally entitled to the relief sought, we conclude she
has failed to sustain her burden of establishing that she is the
victim of either an error or injustice.
_________________________________________________________________
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-
2005-02849 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 28 Aug 05, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPRT, dated 20 Oct 05.
Exhibit C. Letter, AFBCMR, dated 21 Nov 05, w/atchs.
Exhibit D. Letter, Applicant, dated 30 Nov 05.
KATHY L. BOOCKHOLDT
Panel Chair
AF | BCMR | CY2006 | BC-2005-02913
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