AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01401
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be corrected to show she declined Survivor Benefit
Plan (SBP) coverage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband deserted her in January 2003. She does not know of
his whereabouts and he has not responded to legal postings. She
notes that the period of desertion to his family has exceeded
that required time by law to equate to legal desertion.
In support of her request, the applicant provides a personal
statement and copies of letters of support.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Defense Enrolment Eligibility Reporting System (DEERS)
reflects the applicant was married on 25 Aug 70.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial stating there is no evidence of an
error or injustice and there is no basis in law to provide relief
in this case. The applicant has not provided any evidence that
proves she is no longer married. Further, she failed to properly
out-process prior to retiring despite the attempts made by the
SBP counselor to schedule her for the required one-on-one SBP
briefing. If the applicant were to get divorced, she should
provide a certified copy of a divorce decree or annulment to the
Defense Finance and Accounting Service (DFAS) office to suspend
SBP spouse coverage.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 19 Jun 12 for review and comment within 30 days. 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. 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 basis to
recommend granting the relief sought in this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01401 in Executive Session on 19 Dec 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 10, w/atchs.
Exhibit B. Letter, APFC/DPSIAR, dated 24 May 12.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
2
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