RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02772
		INDEX NUMBER:  137.04
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her late ex-husband's records be corrected so that she may be eligible for a Survivor Benefit Plan (SBP) annuity.

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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 relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this application and recommended denial.  They state that the law controlling the SBP allows a retired member to convert from spouse to former spouse coverage within one year following divorce.  Former spouse coverage made pursuant to a written agreement that was incorporated in the divorce decree remains in effect unless the court order is modified.

The decedent established former spouse coverage (for his first former spouse) based on a voluntary written agreement pursuant to their court order and there is no evidence he attempted to establish SBP coverage on the applicant’s behalf within the first year of marriage, or following their divorce.  To approve the applicant’s request would deny a benefit that the decedent agreed to provide to his former spouse from his first marriage.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force evaluation by letter, dated 14 November 2001.

Applicant’s complete response is 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 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 recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 AFBCMR Docket Number 01-02772 in Executive Session on 23 April 2002, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 29 Oct 01, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Nov 01, w/atchs.
    Exhibit E.  Letter, Applicant’s Response, dated 14 Nov 01,
                w/atchs.