RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01092
		INDEX CODE: 137.00

		COUNSEL:  None

		HEARING DESIRED:

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APPLICANT REQUESTS THAT:

His records be changed to show he elected in a timely fashion to change his coverage under the Survivor Benefit Plan (SBP) from "spouse" to "former spouse."

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APPLICANT CONTENDS THAT:

The applicant has not provided an explanation for failing to submit a valid election to change his SBP coverage from "spouse" to "former spouse."

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant was married and elected spouse SBP coverage based on a reduced level of retired pay prior to his 1 Dec 82 retirement.  The Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant was divorced on 29 Apr 91.  There is no evidence to show that the member reported the change in his marital status or that he submitted a valid election to change his SBP coverage from spouse to former spouse.  

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AIR FORCE EVALUATION:

The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed the application and states that a spouse's eligibility as an SBP beneficiary terminates upon divorce.  There are two mechanisms provided by law for changing SBP coverage from spouse to former spouse; and both must be exercised within the first year following the divorce.  The service member can file an election change or the former spouse can request that the change be made 
on their behalf.  The former spouse upon requesting the change must submit legal documentation that the service member agreed to or that the court ordered the service member to establish former spouse coverage.  If an election is not made during the one-year eligibility period, former spouse coverage may not be established thereafter.

DPPTR on 19 Apr 01, requested that the service member provide documents that are required to establish former spouse coverage--copy of his final divorce decree and a properly completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage.  The service member, as of the date of the advisory opinion, has not responded to their request.

DPPTR recommends returning the application without action and if the service member submits the required documentation, then it would be appropriate to correct his records to reflect he elected to change his SBP coverage from spouse to former spouse.  

A complete copy of the evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant's counsel stated in a letter dated 24 Aug 01, that the required form had been forwarded to the applicant's former spouse's attorney in Apr 01 and no response has been received.  A copy of the divorce decree was attached to the letter received (Exhibit D).

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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 probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we are not persuaded to change his SBP election to former spouse coverage at this time.  We note the letter from a law office indicating that the proper forms to establish former spouse coverage were forwarded to the former spouse's counsel; however, to date, these documents have not been completed and returned.  Should these completed documents be submitted, the Board would be willing to reconsider this case.
Therefore, in the absence of substantial evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 25 September 2001 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 11 Apr 01, w/atch.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 11 Jun 01.
	Exhibit C.	Letter, SAF/MIBR, dated 22 Jun 01.
	Exhibit D.	Counsel's Response

					
					Panel Chair