RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02786
INDEX CODE: 137.01
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Mar 07, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to enable her to receive a Survivor Benefit Plan
(SBP) annuity payment.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her former and now deceased husband took out SBP for her and it is unclear
to her as to why she is not receiving it. She further states, “I need it
because my family and I think I should get it. Please help.”
In support of her appeal, the applicant has provided a copy of her marriage
certificate, her deceased spouse’s death certificate, correspondence
between her and the Defense Accounting and Finance Service (DFAS) and the
National Personnel Records Center (NPRC), a copy of her divorce decree, and
an Illinois Affidavit and Certificate of Correction request.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The deceased former member and the applicant were married on 2 Jan 85
in Montgomery, Alabama. He elected spouse only SBP coverage based on a
reduced level of retired pay and the applicant concurred with the election
prior to his 1 Nov 91 retirement. The parties divorced on 12 Apr 94 and
the divorce decree was silent on the SBP.
The applicant claimed she was married to the member upon his death and
attempted to amend the decedent’s death certificate to show that he was
married to her when he died. DFAS – Cleveland obtained a copy of the
applicant’s 1994 divorce decree and her signature appears on the Marital
Settlement Agreement which was incorporated into the divorce decree.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial. DPPRT states there is no evidence the member
submitted a request within the required time limit to voluntarily elect
former spouse coverage on the applicant’s behalf. Records show that the
member did not remarry and premiums continued to be deducted from his
retired pay until his 2 Jul 96 death. Even though the member continued to
pay premiums, his intentions are uncertain. There is no evidence of an
error or injustice.
The complete AFPC/DPPRT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded on 3 Nov 06 to the advisory opinion and the
applicant's complete response is at Exhibit C (the same information
provided with the initial application).
_________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
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 Docket Number BC-2005-02786
in Executive Session on 30 January 2007, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 w/Atchs, dated 14 Jul 05.
Exhibit B. Letter, AFPC/DPPRT, dated 23 Oct 06.
Exhibit C. Applicant’s Rebuttal Letters, 3 & 16 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 06.
Exhibit E. Letter, AFBCMR, dated 7 Nov 06.
KATHLEEN F. GRAHAM
Panel Chair
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