RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01375
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Corrective action be taken that would allow her to receive a Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

Her former spouse, now deceased, had originally signed up for SBP but did not change the coverage from spouse to former spouse prior to his death.  There was never anything in their original divorce decree regarding SBP as he became ill before the proceedings could be finalized and did not send in any paperwork to change the coverage.

In support of her appeal, the applicant has provided copies of her former spouse’s death certificate and court documents showing a court date of October 1996 to address an order to modify.

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

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STATEMENT OF FACTS:

Upon his effective retirement date of 1 August 1988, the former member elected spouse and child coverage based on reduced level of retired pay.  The youngest child at the time lost eligibility on 1 July 2002.  The applicant did not provide a divorce decree with her application.  There is also no evidence the former member ever remarried after the divorce.  Premiums continued to be deducted until the member’s death on 22 March 2004.  

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR states that on 5 May 2004, they sent a letter to the applicant asking for documentation, including the divorce decree, to which she has yet to respond.  DPPTR adds that should the applicant provide the pertinent documentation, it would be appropriate to change the record to reflect on the day following the date of divorce, he elected to change his SBP coverage to former spouse coverage based on previous reduced level of retired pay and contingent on recoupment of applicable premiums.

DPPTR’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the applicant’s divorce decree was provided and is attached 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The court was silent on the issue of SBP coverage between the deceased member and his former spouse.  However, since it appears the decedent never remarried and SBP premiums were deducted from his retired pay until the date of his death, we believe that the applicant has established that her former husband intended to provide her with an annuity upon his death.  Therefore, we recommend that The records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 7 May 1996, he elected to change his Survivor Benefit Plan (SBP) from "spouse and child” coverage to "former spouse” coverage based on the previous reduced level of retired pay, naming SPOUSE as the eligible beneficiary.

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The following members of the Board considered this application in Executive Session on 24 September 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Apr 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.

                                   

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-01375

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 7 May 1996, he elected to change his Survivor Benefit Plan (SBP) from "spouse and child” coverage to "former spouse” coverage based on the previous reduced level of retired pay, naming Spouse as the eligible beneficiary.