RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01703
		INDEX CODE:137.00

	APPLICANT (Deceased)	COUNSEL:  None

	SSN		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her former late-husband’s records be corrected to entitle her to a Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

The service member was ordered by the court to maintain the children and herself as beneficiaries on his life insurance and pension.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant and the service member were divorced on 11 Jun 82.  The court ordered the service member to keep the children and the applicant as beneficiaries on his military life insurance.  There is no reference to SBP in the divorce decree.

The service member's finance records reflect that prior to his Mar 85 retirement he declined to elect SPB coverage.  The service member's spouse signed the election form concurring with the decision not to elect SBP, thereby indicating that he had remarried.  The service member died on 12 Apr 01; however, the death certificate indicates he was divorced.
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AIR FORCE EVALUATION:

The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed the application and states the law in effect at the time the service member divorced the applicant did not have a provision to elect SBP coverage for a former spouse even if the divorce decree made a reference to the SBP.  The service member had the option upon 
his retirement to elect coverage for applicant under the insurable interest option, but he failed to do so.  The service member did not elect coverage for his minor children at the time of his retirement.  The service member's records reflect that during the 92-93 open enrollment an election packet was mailed to him at his address of record, but there is no record that he returned an election.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 27 Jul 01, for review and response.  As of this date, no response has been received by this office.

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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 timely filed.

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 agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The law controlling SBP did not allow former spouse coverage until the passage of Public Law (PL) 98-94, which became effective after the parties divorced.  The service member could have elected former spouse coverage for the applicant during the 1 Apr 92 - 31 Mar 93 open enrollment but failed to do so.  Therefore, in the absence of 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 8 Jun 01, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 20 Jul 01, w/atchs.
	Exhibit C.	Letter, SAF/MIBR, dated 27 Jul 01.