RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02014
		INDEX NUMBER:  137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was unaware that notification of change was required after his divorce.  If his records are corrected, he will be able to continue his financial assistance, as was his intent.

In support of his request, applicant provided a DD Form 1883, Survivor Benefit Plan - Election Certificate, and a copy of his Retirement Order.

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

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STATEMENT OF FACTS:

The Air Force indicates the member and his former spouse were married on 7 Oct 61, and he elected spouse and child SBP coverage based on a reduced level of retired pay prior to his 1 Sep 75 retirement.  The youngest child lost eligibility on 30 Jun 94.  The parties divorced, however, confirmation of the date of divorce cannot be verified.  Defense Enrollment Eligibility Reporting System (DEERS) records show that the member subsequently married his current spouse, but she is no longer eligible to receive medical benefits.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this application and recommended denial, due to incomplete documentation.  A person’s eligibility as an SBP spouse beneficiary terminates upon divorce.  However, the law provides two mechanisms for changing spouse coverage to former spouse coverage.  Both must be exercised within the first year following divorce:  the retiree may file an election change, or the former spouse may request the retiree be deemed to have made such a change on her behalf.  In the latter case, the former spouse must provide legal documentation that the member agreed, or that the court ordered the member, to establish former spouse coverage.  If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter.  Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member’s death.

There is no evidence the member submitted a valid election to change his spouse and child SBP coverage to former spouse or notify the finance center of his remarriage.  SBP premiums continue to be deducted from the member’s retired pay and records erroneously reflect his former spouse’s date of birth as the eligible spouse beneficiary.

On 28 Jun 04, AFPC requested the member provide a copy of his marriage certificate to both his former spouse and his current spouse, complete finalized copies of all divorce decrees, and a properly completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, documents required to properly establish former spouse coverage.  He has not responded.

The complete Air Force evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Aug 04, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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 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 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 Docket Number BC‑2004-02014 in Executive Session on 2 December 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPTR, dated 19 Aug 04, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Aug 04.