RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01902
		INDEX CODE:137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He nor his former spouse were aware of the one-year requirement to submit an election for former spouse coverage following their divorce.

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

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STATEMENT OF FACTS:

The applicant and  were married on 14 September 1968.  The applicant, prior to his 1 November 1988 retirement, elected spouse and child coverage based on a reduced level of retired pay.  The applicant and . were divorced in March 1989.  There is no indication in the records that either the applicant or N. submitted a request to change the SBP coverage from spouse to former spouse within the one-year time period.  The applicant and . were married on 27 April 1991.  There is no evidence the applicant notified the Defense Finance and Accounting Service (DFAS) of the change in his marital status, nor requested that SBP spouse coverage be established on her behalf prior to the first anniversary of their marriage.  The applicant’s youngest child lost eligibility to the SBP in July 1998.

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AIR FORCE EVALUATION:

AFPC/DPPTR indicates since the request involves two potential SBP beneficiaries, no recommendation is provided.

A complete copy of the Air Force evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 July 2004, the Board staff forwarded the applicant copies of memorandums from HQ USAF/JAA which will be considered in the processing of his application (Exhibit C).

On 28 July 2004, the Board staff forwarded the applicant a copy of the HQ AFPC/DPPTR Air Force evaluation which will be considered in the processing of his application (Exhibit D).

The applicant reviewed the Air Force evaluations and states the SBP application was done in compliance of the divorce court proceeding settlement.  He further states the former spouse election was made upon application for SBP and the premiums were being deducted from his retirement pay.  There is no confusion on the beneficiary as the initial application for SBP was clear and has always listed . as the beneficiary (Exhibit E).

On 12 August 2004, the Board staff requested the applicant provide a copy of the election he submitted for former spouse coverage (Exhibit F).

On 21 August 2004, the applicant provided a copy of his September 1988 election for SBP (Exhibit G).

On 26 August 2004, the Board staff requested the applicant provided a copy of his election for former spouse coverage following his divorce.  He did not respond (Exhibit H).

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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 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 the recommendation of USAF/JAA and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Neither the servicemember nor the former spouse submitted a valid election within the one-year period required by law to establish former spouse coverage.  We are not unsympathetic to the applicant’s dilemma and that of his former spouse.  Nonetheless, at this time, his former spouse is not the legal beneficiary of the SBP election.  However, if the applicant’s current spouse provides a notarized statement relinquishing her potential entitlement to the SBP annuity, the Board would be willing to reconsider this request.  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 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-2004-01902 in Executive Session on 24 September 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Jun 04, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 25 Jun 04.
	Exhibit C.	Letter, AFBCMR, dated 21 Jul 04, w/atchs.
	Exhibit D.	Letter, AFBCMR, dated 28 Jul 04, w/atch.
	Exhibit E.	Letter, Applicant, undated, w/atchs.
	Exhibit F.	Letter, AFBCMR, dated 12 Aug 04.
	Exhibit G.	Letter, Applicant 21 Aug 04, w/atchs.
	Exhibit H.	Letter, AFBCMR, dated 26 Aug 04, w/atchs.