RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03512
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 SEPTEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to reflect he elected former spouse coverage
under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Correction is needed to comply with a court order. He was not aware that
he had to file for a change in spouse coverage.
In support of his request, applicant provided a completed DD Form 2656-1,
Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage,
and copies of his spouse’s birth certificate, their marriage certificate,
and his divorce decree.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Air Force indicates the member and his former spouse were married on 14
Aug 59 and that he declined SBP coverage prior to his 1 May 79 retirement.
The member elected full spouse only SBP coverage on his former spouse’s
behalf during the open enrollment authorized by Public Law (PL) 97-35 (1
Oct 81 – 30 Sep 82). The parties divorced on 26 Nov 86 and the divorce
decree ordered that the member continue SBP on the former spouse’s behalf.
However, neither party submitted a valid election change during the first
year following the date the divorce was finalized. The applicant married
his current spouse on 22 Apr 91, but he did not notify the finance center
of the change in his martial status nor request that coverage be
established on his current spouse’s behalf. The SBP data at the finance
center continues to reflect the former spouse’s name and date of birth (12
Sep 39) as the eligible spouse beneficiary and premiums for spouse coverage
continue to be deducted from the member’s retired pay.
_________________________________________________________________
AIR FORCE EVALUATION:
Based on guidance by the AFBCMR on 18 Mar 04, DPPRT is forwarding the
request without a recommendation because it involves two potential SBP
beneficiaries.
The DPPRT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 Apr 07, the Board staff forwarded to the applicant copies of the Air
Force evaluation and memorandums from HQ USAF/JAA and SAF/GCM for review
and comment within 30 days. To date, no response has been received by this
office (Exhibit C).
_________________________________________________________________
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 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 offices of primary
responsibility and adopt their 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-2006-
03512 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 pertaining to Docket Number BC-2006-
03512 was considered:
Exhibit A. DD Form 149, dated 4 Feb 07, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 13 Mar 07.
Exhibit C. Letter, AFBCMR, dated 6 Apr 07, w/atchs.
KATHY L. BOOCKHOLDT
Panel Chair
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