RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03365
		INDEX NUMBER:  131.05
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) be changed to 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 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 a person’s eligibility as an SBP spouse beneficiary terminates upon divorce.  However, the law provides two mechanisms for changing spouse coverage to former spouse coverage, which must be exercised within the first year following divorce.  The retiree may file an election change, or the former spouse may request the retiree be deemed to have made such a change on his or her behalf as long as legal documentation is provided that the member agreed or that the court ordered the member to establish former spouse coverage.

In this case, the member was married and elected spouse only coverage based on full retired pay prior to his 1 Nov 91 retirement.  They divorced on 13 Oct 92 and the court required the member to maintain his former spouse as the beneficiary to the SBP.  However, neither party submitted a valid election in time.  

On 7 Nov 01, the member was ordered to reinstate his former spouse as SBP beneficiary and provide a $100,000.00 life insurance policy until the SBP is restored.

On 4 Dec 01, it was requested that the member provide a completed DD Form 2656-1, SBP Election Statement for Former Spouse coverage, and an acknowledgement of debt statement.  To date, member has not responded to the request.  They found no evidence of error or injustice in this case.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 Jan 02 for review and comment within 30 days.  As of this date, no response has been received by this office (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 note that the member has not responded to the request for a completed DD Form 2656-1, and an acknowledgement of debt statement.  Therefore, 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.  Based on the available evidence of record, we find no compelling basis to recommend granting the relief sought in this application at this time.

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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 01-03365 in Executive Session on 23 April 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Nov 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 23 Jan 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 02, w/atchs.