RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00023
INDEX CODE:  137.04
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXXXX				HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT: 

Her records be corrected to allow her to provide Survivor Benefit Plan (SBP) coverage for her husband and to reflect her new married name.  

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APPLICANT CONTENDS THAT:

Her records should have reflected her status as single when she retired in 1993.  Additionally, she wants her current husband listed on her SBP.

In support of her application, she provides personal statements and copies of her marriage certificate, divorce decree, correspondence from the Defense Finance and Accounting Service (DFAS) and a Leave and Earning Statement (LES).  The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

On 19 August 1974, the applicant enlisted in the Regular Air Force at the age of 21 in the grade of airman basic for a period of four years.  She was progressively promoted to the rank of technical sergeant effective and with a date of rank of 1 September 1990.

On 23 Mar 1992, a Physical Evaluation Board (PEB) found the applicant unfit for continued military service because of physical disability incurred in the line of duty.  The PEB recommended she be retired under the provisions of Title 10, United States Code, Section 1202.  On 7 April 1992, the Secretary of the Air Force approved the applicant’s transfer to the Temporary Disability Retirement List (TDRL) effective 30 June 1992.  She served 17 years, 10 months and 29 days on active duty.  On 27 September 1993, the Secretary of the Air Force directed the applicant be removed from the TDRL and transferred to the Permanent Disability Retirement List (PDRL) with a compensable percentage of 30%, effective 7 October 1993.  

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AIR FORCE EVALUATION:

ARPC/DPPTR addresses only the issue of SBP coverage.  DPPTR recommends the applicant’s records be corrected.  DPPTR notes that a member, who is unmarried at retirement, may elect coverage for a spouse acquired after retiring.  However, the election must be made before the first anniversary of the marriage.  DPPTR states that according to the documentation they have on file, even though the applicant submitted copies of her earlier divorce decree and her current marriage certificate to the finance center prior to the first anniversary of their marriage, she did not clearly express she wanted to provide SBP coverage for her current spouse.  Therefore, without a specific request to extend SBP coverage to her current spouse, the finance center did not establish spouse coverage.  It is DPPTR’s opinion that even though there is no evidence of an Air Force error in this case, they feel that in the interest of justice, the applicant’s records should be corrected to show that she was unmarried and declined SBP coverage effective 29 June 1992, and on 3 August 2001, she submitted a valid request to provide SBP spouse coverage based on full retired pay.  The DPPTR evaluation is at Exhibit C.

DPSFCM recommends the applicant’s requests for changes to her name and marital status be denied.  DPSFCM notes that in accordance to AFI 36-2608, Military Personnel Records System, Table A7.2, Rule 2, a member may submit a name change request by providing the original or certified copy of the marriage, divorce, or annulment decree.  DPSFCM states the applicant submitted non-certified copies of her divorce decree and marriage certificates.  Correspondence was sent to the applicant on 3 February 2004, requesting the required documentation.  As of 7 April 2004, the applicant had failed to provide their office with the necessary documents.  It is DPSFCM’s opinion that since the documents are not an original or certified copy of the original, they do not meet the legal requirements to be used as a source document for a change in the military personnel data system.  The DPSFCM evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 16 April 2004 for review and comment within 30 days (Exhibit E).  As of this date, this office has received no response. 

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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 note that the Air Force office of primary responsibility for SBP coverage recommends providing relief for that part of the applicant’s request concerning SBP coverage, while the Air Force office of primary responsibility for correcting marital status and name change recommends the application be denied.   After reviewing the evidence of record, we note that while the applicant submitted copies of her divorce decree and her marriage certificate, they are not originals or certified copies of the originals; therefore, they cannot legally be used as source documents to effect changes to her name and marital status at the time of her retirement.  Should the applicant submit the required source documents, this Board would reconsider her requests, including her request pertaining to an SBP election for her spouse.  In the absence of such evidence, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 20 July 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2004-00023:

	Exhibit A.  DD Form 149, undated, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPTR, dated 8 Mar 04.
	Exhibit D.  Letter, AFPC/DPSFCM, dated 13 Apr 04.
	Exhibit E.  Letter, SAF/MRBR, dated 16 Apr 04.

									
									Panel Chair