RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02029
		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 did not understand that an election for former spouse coverage needed to be submitted within one-year following the 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 4 July 1943.  The applicant elected Reserve Component SBP (RCSBP) spouse only coverage based on full retired pay when he became eligible to receive retired pay (17 August 1979) except for attaining age 60.  The applicant began receiving retired pay on 4 December 1981.  The applicant and . were divorced on 12 November 1991 and the marital settlement agreement, incorporated in the divorce decree, ordered that the applicant continue the SBP coverage on ’s behalf.  There is no indication in the records that either the applicant or . 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 18 September 1993.  There is no indication the applicant notified the Defense Finance and Accounting Service (DFAS) of the change in his marital status.

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AIR FORCE EVALUATION:

AFPC/DPPTR indicates that 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 and 28 July 2004, the Board staff forwarded the applicant a copy of memorandums from HQ USAF/JAA and AFPC/DPPTR, which will be considered in the processing of his application (Exhibit C & D).

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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-2004-02029 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 14 Jun 04, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 1 Jul 04.
	Exhibit C.	Letter, AFBCMR, dated 21 Jul 04, w/atchs.
	Exhibit D.	Letter, AFBCMR, dated 28 Jul 04, w/atch.