RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02559
INDEX CODE: 137.01, 137.04
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 FEB 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased ex-husband’s records be corrected to show that he elected
former spouse Survivor Benefit Plan (SBP) coverage, rather than spouse
coverage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her ex-husband’s records should reflect her as the former spouse and
beneficiary as ordered in their divorce decree.
In support of her request, applicant provided a copy of her late ex-
husband's Verification of Death, and a copy of their Final Divorce
Decree (paragraph 6 refers to SBP).
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member and the applicant were married on 14 November 1969,
and he elected spouse only coverage based on a reduced level of
retired pay prior to his 1 August 1982 retirement. The parties
divorced on 7 July 1998, and the court ordered the former member to
maintain the SBP coverage on the applicant’s behalf; however, neither
party submitted a valid election change during the required time. The
former member remarried on 14 February 1999, but he did not request
the finance center establish SBP coverage on his current spouse’s
behalf. The former member’s retired pay records erroneously reflected
the applicant’s name and date of birth as the eligible spouse
beneficiary and SBP premiums were continuously deducted from his
retired pay until his 13 April 2006 death. The member’s widow is
eligible to receive an SBP annuity of $318, but she has not submitted
an application to date.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT has no recommendation. DPPRT states, based on the
AFBCMR’s 18 March 2004 guidance, they are forwarding this request
without a recommendation, because it involves two potential SBP
beneficiaries.
The DPPTR evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation, and relevant legal
opinions, were forwarded to the applicant on 29 November 2006, for
review and response. 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. The applicant contends her
divorce decree required her former husband to provide SBP coverage for
her. We note that prior to his death neither the service member nor
the applicant took the necessary actions to ensure she was provided
former spouse coverage under the SBP within the one-year period in
which they could have done so. As a result, it appears the applicant
has no legal entitlement to the relief sought. Specifically, as noted
by the Chief, Administrative Law Division, Office of the Judge
Advocate General, in his memorandum of 20 April 2004, on the subject,
there are a number of court decisions by both state and federal
judiciaries that have held that, despite the divorce decree requiring
former spouse SBP coverage, in the absence of any election making the
former spouse the annuity beneficiary, the current spouse becomes the
designated spouse beneficiary of the SBP annuity after one year of
marriage. Therefore, in the absence of a showing that the former
spouse is legally entitled to the relief sought or a waiver of
entitlement from the current spouse, we conclude the applicant has
failed to sustain her burden of establishing that she is the victim of
either an error or injustice.
_________________________________________________________________
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-2006-
02559 in Executive Session on 7 June 2007, under the provisions of AFI
36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 06, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 19 Oct 06.
Exhibit C. Letter, AFBCMR, dated 29 Nov 06, w/atchs
Exhibit D. Letter, AFBCMR, dated 19 Jan 07, w/atch.
KATHY L. BOOCKHOLDT
PANEL Chair
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