RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00769
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His record be changed to show that the beneficiary eligibility of his former spouse to his Survivor Benefit Plan be deleted and that his current spouse be named beneficiary.

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APPLICANT CONTENDS THAT:

His former spouse and he were married for one year and 46 days, from 15 August 1967 to 30 September 1968, while he was on active duty.  His former spouse remarried on 2 November 2003, thereby nullifying her as an SBP beneficiary, by court order.

In support of his appeal, the applicant has provided a personal statement, copies of his marriage certificate, report of birth abroad, a divorce judgment and separation agreement, a modification order to that agreement, copies of pertinent correspondence between the applicant and the Defense Finance and Accounting Service (DFAS), and an application, license and certificate of marriage to his current spouse.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant retired from the United State Air Force effective 1 October 1968.  The record shows he elected SBP coverage for spouse and child based on full, retired pay naming his former spouse as the beneficiary.  They divorced on 2 August 1985 and their separation agreement contained his agreement to retain his former spouse’s interest in SBP until she either remarried or died.  He remarried on 14 September 1985 and, in October 1985 he submitted a valid request to DFAS to establish former spouse coverage under the insurable interest option.  The former spouse remarried on 2 November 2003, however, under the insurable interest option, her SBP eligibility is not affected.

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AIR FORCE EVALUATION:

Based on guidance issued by the AFBCMR on 18 March 2004, AFPC/DPPTR declines to submit an advisory opinion as this application involves two potential beneficiaries.

DPPTR’s complete 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 9 March 2004 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 an error or an injustice.  At the time of his retirement in 1968, applicant elected spouse and child coverage under SBP.  He divorced his wife on 2 August 1985 and he agreed to retain his former spouse’s interest in SBP until she remarried or died.  In 1985, the only option to provide coverage for his former spouse was under the insurable interest option.  In October 1985, he submitted a valid request and coverage was established.  His former spouse remarried in 2003 and applicant, in his appeal to this Board, requests that the beneficiary eligibility of his former spouse to his SBP be deleted and his current spouse be named beneficiary.  Although the separation agreement and divorce decree stated that he only had to retain coverage until his former spouse remarried or died, under the insurable interest option of SBP, his former spouse’s remarriage did not affect her (former spouse) eligibility as the SBP beneficiary.  We are not unsympathetic to the applicant’s dilemma; however, as the record now stands the former spouse is the legal beneficiary and without an agreement from her (former spouse) waiving her entitlement, we find no basis upon which to recommend favorable action on this application.

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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 AFBCMR Docket Number BC-2004-00769 in Executive Session on 20 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 12 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 04.