RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-04332
XXXXXXXXXX (DECEASED) COUNSEL: NONE
XXXXXXXXXX (APPLICANT HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to show he made a
timely election for spouse coverage under the Survivor Benefit
Plan (SBP).
APPLICANT CONTENDS THAT:
She and the decedent lived together as husband and wife for over
13 years prior to their marriage in 2013. He helped raise her
children and grandchildren.
In support of her request, the applicant provides copies of her
marriage certificate, rental agreement, bills, letters of
support and various other documents related to her appeal.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The former member served in the Regular Air Force and retired
effective 1 December 1988.
According to the former members death certificate dated
24 January 2014, he died on 27 December 2013.
In a letter dated 20 November 2014, AFPC/DPFFF invited the
applicant to provide a copy of the court document that
recognized her common law marriage to the decedent prior to
their 20 November 2013 licensed marriage and a certified copy of
the decedents death certificate.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. Members who have suspended spouse
coverage and who remarry after they retire must be married for
one full year, or the spouse must be a parent of issue of a
child born of that marriage (if married less than one year) in
order to be eligible for the SBP. These criteria are waived if
the member remarries the spouse he or she was married to on the
date of retirement; in that specific case, the spouse becomes
eligible for the SBP immediately following the marriage. The
Defense Enrollment Eligibility Reporting System (DEERS) reflects
the member was married to his former spouse on 13 June 1987 and
he elected spouse only SBP coverage prior to his 1 December
1988 retirement. DPFFF is unable to determine when the parties'
marriage ended; however, DFAS-CL suspended the spouse coverage
on 20 October 1997. The member and the applicant married on
30 November 2013, and DEERS records reflects that he died on
27 December 2013, prior to the first anniversary of their
marriage. The applicant has failed to respond to DPFFFs
20 November 2014 letter requesting she provide a copy of the
court document that recognized their common law marriage in the
State of California, and a copy of her husband's death
certificate. Notwithstanding the rental agreements, interest
and finance statements, and numerous letters of support from
allegedly knowledgeable references, there is no evidence that
California recognizes the applicant's claim that a common-law
marriage existed at least one year prior to the member's death.
While it is unfortunate the member died prior to the first
anniversary of their marriage, there are no provisions in law to
waive the one-year eligibility period for spouses acquired after
retirement.
A complete copy of the DPFFF evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides a copy of the decedents death
certificate and a copy of the divorce decree between the
decedent and his former spouse.
The applicants complete response, with attachments, is at
Exhibit E.
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. Although the
applicant provides a copy of the former members death
certificate and divorce decree, she did not provide a copy of
the court document that recognized their common law marriage in
the State of California as requested by DPFFF. Therefore, we
agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt the rationale
expressed as the basis for our conclusion the applicant has
failed to sustain her burden of proof that she has been the
victim of an error or injustice. In the absence of evidence to
the contrary, we find no 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 this application
in Executive Session on 12 June 2015, under the provisions of
AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-04332 was considered:
Exhibit A. DD Form 149, dated 5 October 2014, w/atchs.
Exhibit B. Members Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 29 December 2014.
Exhibit D. Letter, SAF/MRBR, dated 26 January 2015.
Exhibit E. Letter, Applicant, undated, w/atchs.
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