RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02698
INDEX CODE:137.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased ex-husband’s records be corrected to reflect he elected
coverage for her under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was married to the service member for over 10 years and should be
entitled to benefits.
In support of her application, she provided a copy of the service
member’s DD Form 214, Certificate of Release or Discharge from Active
Duty, a personal statement, a copy of her marriage certificate and the
former service member’s death certificate.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and the former service member were married on 7 Jan 73.
Prior to his 1 Aug 84 retirement, he elected child only coverage under
the SBP based on full retired pay. He and the applicant were divorced
on 3 Nov 86. The divorce decree was silent on SBP. He died on 19 Nov
88.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends the requested relief be denied. DPSIAR states
the applicant was married to the former service member for over 10
years; however, duration is not legal grounds for authorizing SBP
eligibility. The service member agreed to pay a percentage of his
retired pay to the applicant, the division of retired pay is not
considered and should not be interpreted as pertaining to the SBP.
SBP is similar to commercial life insurance in that an individual must
elect to participate and pay the required premiums in order to be
covered.
The complete AFPC/DPSIAR evaluation at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states she
believes she is being discriminated against because she was not born a
US citizen. She believes she is entitled to benefits based the
Soldiers and Sailors Civil Relief Act of 1940 (Exhibit D).
_________________________________________________________________
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 filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice. We took notice of the
applicant’s complete submission in judging the merits of the case;
however, we agree with the opinion and the 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 an injustice. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2007-02698 in Executive Session on 14 Feb 08, under the provisions of
AFI 36-2603:
Ms. Marcia Jane Bachman, Acting 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 07, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIAR, dated 3 Oct 07.
Exhibit C. Letter, SAF/MRBR, dated 26 Oct 07.
Exhibit D. Applicant’s Response, dated 18 Nov 07.
MARCIA JANE BACHMAN
Acting Panel Chair
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