RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01737
				INDEX CODE:  137.00

	APPLICANT (Deceased)	COUNSEL:  Veterans Service
							Center

	SSN		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

Her husband submitted a change in beneficiary request in October 2000 and it was not properly documented in all his pertinent records.  The beneficiary request was forwarded to the Defense Finance and Accounting Service (DFAS) in Cleveland and was not recorded properly.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The service member was married to M. and declined SBP coverage prior to his retirement in 1973.  His pay records reflect during an open enrollment (1 Oct 81 - 30 Sep 82), he elected spouse only coverage based on a reduced level of retired pay.  The service member and M. were divorced on 12 Nov 93 and the member was ordered to maintain the SBP annuity for M.  On 7 Jan 94, DFAS received a copy of the divorce decree and SBP premiums were retroactively suspended.  The service member and G. (the applicant) were married on 14 Sep 94; however, the service member did not notify DFAS of the change in his martial status nor did he request to establish coverage for his new spouse.  The service member died on 11 Jan 01.  On 21 Feb 01, the service member's former spouse (M.) submitted a request for correction of his military records to entitle her to an SBP annuity.  The applicant applied for the SBP annuity and provided payment for the unpaid premiums retroactive to Oct 95.  The former spouse's request for the SBP annuity was approved 9 May 01, however, her annuity payment was suppressed pending recovery of the cost debt 
retroactive to Dec 93.  The applicant was refunded the monies she provided for unpaid premiums on 4 Jun 01.  

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AIR FORCE EVALUATION:

The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states there is no evidence that the service member attempted to establish SBP coverage for the applicant within the first year of marriage.  The designation beneficiary form the applicant refers to is the designation form to establish a beneficiary for the service member's unpaid retired pay upon his death.  The law governing SBP does not provide payment of an annuity to both a widow and a surviving former spouse.  To approve the applicant's request would deny the former spouse a benefit the service member agreed to provide.  Based on the evidence provided, DPPPTR recommends the applicant's request be denied.  

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 applicant on 27 Jul 01 for review and response within 30 days.  As of this date, no response has been received by this office.  On 5 Aug 01, the applicant submitted a letter stating that she supplied around the clock care for her husband and she needs help to pay his medical bills (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 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.  There was no evidence submitted to substantiate that the service member attempted to establish SBP coverage on the applicant's behalf within the first year of their marriage.  The beneficiary form that the applicant refers 
to was to entitle her to the service member's unpaid retired pay, not as a beneficiary to SBP.  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 19 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.
	Exhibit D.	Applicant's Response, dated 5 Aug 01.