RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02153
				INDEX CODE:  137.00

	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be changed to reflect he made an election under the Reserve Component Survivor Benefit Plan (RCSBP) for former spouse coverage.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant was notified of eligibility to participate in RCSBP on 22 Aug 91.  The applicant elected spouse and child coverage, for an immediate annuity. On 29 Jun 00, the applicant and his wife were divorced.  The divorce decree awarded his wife former spouse coverage under SBP.

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AIR FORCE EVALUATION:

ARPC/DPS states the applicant did not request former spouse coverage within the required time frame. Title 10 United States Code Section 1450 (f)(3)(C) states that "Time limit for request by former spouse.  An election may not be deemed to have been made under subparagraph (a) in the case of any person unless the Secretary concerned receives a request from the former spouse of the person within one year of the date of the court order or filing involved."  Neither the applicant nor his former spouse submitted a request to change the election from spouse to former 
spouse during the required time frame.  Therefore, based on the evidence provided they recommend denying the applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that neither he nor his former spouse knew of the statutory time limit.  He further states, to his knowledge, that neither his attorney nor his former wife's attorney was experienced in the matters of cases involving SBP.  He reiterates how stressful the divorce was on him and his former wife and that they have not maintained a line of communication.  The court and his intentions are for his former spouse to receive this benefit.  Applicant's complete response is attached at Exhibit E.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After thoroughly reviewing the evidence of record, we believe that the applicant's records should be corrected to reflect that he elected former spouse coverage under the RCSBP within the required timeframe.  To deny the applicant's request would be denying the former spouse an asset awarded to her by the court as a result of the divorce.  In view of the foregoing, we recommend his records be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 29 June 2000, he elected to change his Reserve Component Survivor Benefit Plan "spouse and child coverage" to "former spouse coverage," under the Survivor Benefit Plan (SBP), naming (FRMR SPOUSE NME) as beneficiary based on full retired pay.
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The following members of the Board considered this application in Executive Session on November 20, 2001, under the provisions of AFI 36-2603:
            Panel Chair
	          Member
	          Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	     Exhibit A.  DD Form 149, dated 28 Jul 01, w/atchs.
	     Exhibit B.  Microfiche.
	     Exhibit C.  Letter, HQ ARPC/DPS, dated 31 Aug 01.
	     Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 01.
	     Exhibit E.  Applicant's Response, dated 17 Sep 01.

			

AFBCMR 01-02153
INDEX CODE:  137.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, SSN, be corrected to show that on 29 June 2000, he elected to change his Reserve Component Survivor Benefit Plan "spouse and child coverage" to former spouse coverage," under the Survivor Benefit Plan (SBP), naming (FMR SPOUSE NAME) as beneficiary based on full retired pay.