RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00020
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to show he filed a timely election for
former spouse coverage under the Survivor Benefit Program (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While current records do not show his former spouse as the sole
beneficiary of his SBP plan at this date, the paper work requesting
the change was delivered to the Air Force Base in Shreveport,
Louisiana by the beneficiary, his former spouse. According to court
records, she was to remain the sole beneficiary of his SBP plan
premiums of which have continued to be deducted from his retired pay.
In support of his appeal, the applicant has provided a personal
statement and copies of a divorce decree including personal property
settlement documents.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member and his former spouse were married on 19 November 1970 and
he elected spouse and child coverage based on full, retired pay prior
to his 1 February 1973 retirement. The youngest child lost
eligibility in June 1997 due to age. The parties’ 19 July 1995
divorce decree awarded the SBP to his former spouse. However, neither
party submitted a valid election change within the required time
limit. Premiums continue to be deducted from his retired pay and the
finance center’s records continue to reflect his former spouse as the
eligible spouse beneficiary.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT contends there is no evidence of Air Force error or
injustice in this case; however, in the event the member provides the
required election statement and documents neither party has remarried,
it would be appropriate to correct his record to reflect that on 20
July 1995, he elected to change SBP spouse and child to former spouse
coverage based on full retired pay, naming his former spouse as the
eligible beneficiary. DPPRT notes they requested the member provide a
completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election
Statement for Former Spouse Coverage, and marriage certificates (if
either party has remarried). To date, he has not responded to their
request.
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
17 March 2006 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. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that his uncorroborated assertion of making a valid, timely election
of former spouse coverage, in and by itself, sufficiently persuasive
to override the rationale provided by the Air Force. Additionally, it
appears he has not responded to Air Force requests for information
that could enable him to possibly establish former spouse coverage.
Therefore, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt the rationale
expressed as the basis for our decision that the applicant has failed
to sustain his burden of having suffered either an error or injustice.
Should he provide a completed DD Form 2656-1, Survivor Benefit Plan
(SBP) Election Statement for Former Spouse Coverage, and marriage
certificates (to verify neither party has remarried), the Air Force
would consider it appropriate to grant his request and establish
former spouse coverage for his former spouse. In the interim however,
and in the absence of the evidence listed, 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-
2006-00020 in Executive Session on 15 June 2006, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Renee M. Collier, Member
Ms. Marcia J. Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Dec 05, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 13 Mar 06.
Exhibit C. Letter, SAF/MRBR, dated 17 Mar 06.
MICHAEL K. GALLOGLY
Panel Chair
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