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AF | BCMR | CY2008 | BC-2007-01094
Original file (BC-2007-01094.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01094
                 INDEX CODE:       137.00
      XXXXXXX          COUNSEL:  NONE
                 HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  terminate  coverage  under  the  Survivor
Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

There is no court order demanding former spouse coverage.

In support of his request, applicant provided a personal letter and  a
copy of a court order.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The records reflect the applicant and  his  former  spouse  married  3
October 1959 and he elected spouse and child  SBP  coverage  based  on
full retired pay prior to his 1 April 1981  retirement.   The  parties
divorced  on  16  March  1983  and  in   the   separation   agreement,
incorporated in the divorce decree, the member agreed to maintain  the
military SBP in effect on his former spouse's behalf, but he  did  not
submit an election change following enactment of PL 98-94.  Previously
a spouse's eligibility  terminated  upon  divorce  and  former  spouse
coverage was not an option until passage  of  PL  98-94  in  September
1983.  Nevertheless,  SBP  spouse  premiums  were  deducted  from  his
retired pay.  The applicant remarried on 14 October 1983, but did  not
request that SBP coverage be established on his new  spouse's  behalf.
The spouse portion of the SBP was subsequently  suspended  retroactive
to his divorce date.  The Finance Center received  a  deemed  election
from his ex-spouse after the passage of PL 98-525 and established  SBP
coverage on her behalf under the insurable interest option.  There  is
no evidence  the  applicant  requested  that  his  former  spouse  SBP
coverage under the insurable interest option be  converted  to  former
spouse SBP under PL 99-145.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRT does not provide a recommendation  because  it  involves
two potential SBP beneficiaries.

The DPPRT evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 7 September 2007, 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 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 an error or injustice which would require  corrective
action by this Board.  After a thorough  review  of  the  evidence  of
record and applicant's submission, it  is  our  opinion  that  he  has
failed to sustain his burden of proof of  having  suffered  either  an
error or an injustice.  Therefore, in view of the above and absent  of
persuasive 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 an material error or an  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-2007-
01094 in Executive Session on 14 February 2008, under  the  provisions
of AFI 36-2603:

              Ms. Marcia Jane Bachman, Panel Chair
              Ms. Janet I. Hassan, Member
              Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 April 2007, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPPTR, dated 5 June 2007.
    Exhibit C.  Letter, AFBCMR, dated 7 September 2007, w/atchs.





                                   MARCIA JANE BACHMAN
                                   Panel Chair

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