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AF | BCMR | CY2006 | BC-2006-01594
Original file (BC-2006-01594.doc) Auto-classification: Denied

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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