RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01594
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 27 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her husband’s records be corrected to show he elected former spouse
coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The information was filed in a timely manner but was lost through the
years.
In support of her appeal, applicant provides a copy of the marriage
certificate, divorce decrees, the former member’s death certificate, and
other associated documents.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database reflects the former member retired
effective 2 December 1978 in the grade of major and was assigned to the
Retired Reserve Awaiting Pay At Age 60 (23 March 1982).
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends the application be denied. DPPRT states that the
applicant and the former member were married on 15 September 1945; and the
member elected spouse only RCSBP coverage based on full-retired pay. The
parties divorced on 25 February 1983. In September 1985, the applicant
submitted a deemed election for the SBP, but was informed that her request
was invalid because the decree did not clearly reflect the former member's
agreement to provide the SBP to the applicant as required by Public Law
(PL) 98-525. DPPRT advises the law in effect at the time of the
applicant’s divorce did not allow retired members to provide SBP coverage
even if they wished to voluntarily continue their former spouse’s
eligibility. However, the former member, regardless of his status, could
have elected to change spouse coverage to the insurable interest type of
former spouse coverage during the one-year authorized by PL 98-94 (24 Sep
83)and subsequently following enactment of PL 99-145 (8 Nov 85), but he did
not. DPPRT states that the fact the former member did not request SBP
protection on behalf of the applicant during either opportunity, clearly
indicates that the former member did not wish her to be entitled to the
SBP.
AFPC/DPPRT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 14 July
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 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. After careful consideration of the
applicant's request and the available evidence of record, we find
insufficient evidence of error or injustice to warrant corrective action.
The facts and opinions stated in the advisory opinion appear to be based on
the evidence of record and have not been rebutted by the applicant. Absent
persuasive evidence, applicant was denied rights to which entitled,
appropriate regulations were not followed, or appropriate standards were
not applied, we find no basis to disturb the existing record. Accordingly,
we find no 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 probable 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 Docket Number BC-2006-01594
in Executive Session on 5 October 2006, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. John B. Hennessey, Member
The following documentary evidence pertaining to Docket Number 2006-01594
was considered:
Exhibit A. DD Form 149, dated 19 May 06, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 29 Jun 06.
Exhibit C. Letter, SAF/MRBR, dated 14 Jul 06.
MICHAEL K. GALLOGLY
Panel Chair
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