RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00868
INDEX CODE: 137.04
(DECEASED) COUNSEL: NONE
(- APPLICANT)
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late former spouse’s records be changed to reflect he elected to
change Survivor Benefit Plan (SBP) spouse coverage to former spouse
based on a reduced level of retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
No one knew anything had to be submitted within one year.
In support of her request, the applicant submitted a Qualified
Domestic Relations Order (QDRO) [stipulation of property settlement]
and her former husband’s death certificate. The QDRO ordered the
applicant be designated as the SBP beneficiary. The applicant's
complete submission, with attachments, is provided at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and the service member and were married on 14 Aug 82.
Prior to his retirement in the grade of master sergeant on 1 Jul 92,
the veteran elected spouse only SBP coverage based on a reduced level
of retired pay and the applicant concurred in his election.
The veteran and the applicant divorced on 28 Mar 94, as indicated in
the QDRO (Exhibit A); however, neither party submitted a valid
election change during the required period (one year) following their
divorce. The retired pay data system at the Defense Finance &
Accounting Service - Cleveland Center (DFAS-CL) continued to reflect
the applicant’s name and date of birth (4 May 54) as the eligible
spouse beneficiary. There is no evidence the member remarried and SBP
premiums continued to be deducted from his retired pay until his death
on 3 Dec 05.
On 27 Mar 06, HQ AFPC/DPPRT requested the applicant submit a copy of
her final divorce decree, her marriage certificate if she had
remarried and, if that marriage has been terminated, a copy of that
divorce decree (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT recommended denial due to incomplete documentation. If
the applicant provides the necessary documents, it would be
appropriate to correct the member’s record to reflect on 29 Mar 94 (or
date verified by final decree), he elected to change SBP spouse to
former spouse coverage based on the previous reduced level of retired
pay, naming the applicant as the eligible beneficiary. Approval
should be contingent upon recoupment of applicable premiums.
A complete copy of the HQ AFPC/DPPRT evaluation, with attachment, is
provided at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In her response, the applicant claimed she was including a copy of her
divorce decree. However, the document was the same QDRO previously
submitted, along with a copy of her former husband’s DD Form 214.
The applicant's complete response, with attachments, is at Exhibit D.
In a telephone conversation on 22 Aug 06, the AFBCMR Staff explained
to the applicant that the QDRO was not the finalized recorded divorce
decree and she needed to provide that document as well as a notarized
affidavit indicating she had not remarried. The applicant indicated
she would forward those documents. However, 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 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 carefully considered the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation 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 injustice. As noted
by HQ AFPC/DPPRT in their advisory, the QDRO submitted by the
applicant is not the final divorce decree, and apparently neither the
applicant nor her former late husband submitted a valid election
change within the first year following their divorce. Despite being
contacted by both HQ AFPC/DPPRT and the AFBCMR Staff, the applicant
has not submitted the final divorce decree and other documents as
stipulated in HQ AFPC/DPPRT’s advisory to establish former spouse
coverage properly. She merely resubmitted the same materials provided
with her application. Should the applicant submit the requested
documents, we would be willing to review her appeal for possible
reconsideration. Until then and in the absence of evidence to the
contrary, 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 5 October 2006, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2006-00868 was considered:
Exhibit A. DD Form 149, dated 13 Mar 06, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPRT, dated 26 May 06, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 2 Jun 06.
Exhibit D. Applicant's Response, undated, w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
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