RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03538
		INDEX NUMBER:  137.04
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His SBP election date be changed for his former spouse coverage to a later date.

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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 all SBP elections for former spouse coverage, submitted by the member or deemed by the former spouse, become effective the month following the date of the court order.  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 full spouse and child coverage prior to his 1 Aug 88 retirement.  They divorced on 23 Jun 00 and SBP premiums stopped being deducted from the member’s retired pay.  The youngest child lost eligibility in Jun 00.  His former spouse submitted a deemed election request dated 8 Nov 00, and the member submitted a former spouse election 19 Jun 01.  In Jul 01, former spouse coverage was established retroactive to the divorce and a debt began to be taken out of his retired pay.

They further state that while it is unfortunate the member received incorrect information pertaining to the effective date of former spouse coverage, it does not alter the fact that provisions of PL 105-261 were in effect at the time of divorce.  Therefore, the debt is valid.

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 1 Mar 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 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 01-03538 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 28 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 26 Feb 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 02, w/atchs.