RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00020
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Corrective action be taken to show he filed a timely election for former spouse coverage under the Survivor Benefit Program (SBP).

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APPLICANT CONTENDS THAT:

While current records do not show his former spouse as the sole beneficiary of his SBP plan at this date, the paper work requesting the change was delivered to the Air Force Base in Shreveport, Louisiana by the beneficiary, his former spouse.  According to court records, she was to remain the sole beneficiary of his SBP plan premiums of which have continued to be deducted from his retired pay.

In support of his appeal, the applicant has provided a personal statement and copies of a divorce decree including personal property settlement documents.

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

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STATEMENT OF FACTS:

The member and his former spouse were married on 19 November 1970 and he elected spouse and child coverage based on full, retired pay prior to his 1 February 1973 retirement.  The youngest child lost eligibility in June 1997 due to age.  The parties’ XXXXXXX divorce decree awarded the SBP to his former spouse.  However, neither party submitted a valid election change within the required time limit.  Premiums continue to be deducted from his retired pay and the finance center’s records continue to reflect his former spouse as the eligible spouse beneficiary.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRT contends there is no evidence of Air Force error or injustice in this case; however, in the event the member provides the required election statement and documents neither party has remarried, it would be appropriate to correct his record to reflect that on 20 July 1995, he elected to change SBP spouse and child to former spouse coverage based on full retired pay, naming his former spouse as the eligible beneficiary.  DPPRT notes they requested the member provide a completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and marriage certificates (if either party has remarried).  To date, he has not responded to their request.

DPPRT’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 March 2006 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertion of making a valid, timely election of former spouse coverage, in and by itself, sufficiently persuasive to override the rationale provided by the Air Force.  Additionally, it appears he has not responded to Air Force requests for information that could enable him to possibly establish former spouse coverage.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Should he provide a completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and marriage certificates (to verify neither party has remarried), the Air Force would consider it appropriate to grant his request and establish former spouse coverage for his former spouse.  In the interim however, and in the absence of the evidence listed, we find no compelling basis to recommend granting the relief sought in this application.
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-2006-00020 in Executive Session on 15 June 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 05, w/atchs. 
    Exhibit B.  Letter, AFPC/DPPRT, dated 13 Mar 06.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Mar 06.