RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01094
			INDEX CODE:		 137.00
	XXXXXXX		COUNSEL:  NONE
			HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His records be corrected to terminate coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

There is no court order demanding former spouse coverage.

In support of his request, applicant provided a personal letter and a copy of a court order.

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

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STATEMENT OF FACTS:

The records reflect the applicant and his former spouse married 3 October 1959 and he elected spouse and child SBP coverage based on full retired pay prior to his 1 April 1981 retirement.  The parties divorced on 16 March 1983 and in the separation agreement, incorporated in the divorce decree, the member agreed to maintain the military SBP in effect on his former spouse's behalf, but he did not submit an election change following enactment of PL 98-94.  Previously a spouse's eligibility terminated upon divorce and former spouse coverage was not an option until passage of PL 98-94 in September 1983.  Nevertheless, SBP spouse premiums were deducted from his retired pay.  The applicant remarried on 14 October 1983, but did not request that SBP coverage be established on his new spouse's behalf.  The spouse portion of the SBP was subsequently suspended retroactive to his divorce date.  The Finance Center received a deemed election from his ex-spouse after the passage of PL 98-525 and established SBP coverage on her behalf under the insurable interest option.  There is no evidence the applicant requested that his former spouse SBP coverage under the insurable interest option be converted to former spouse SBP under PL 99-145.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRT does not provide a recommendation because it involves two potential SBP beneficiaries.

The DPPRT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 7 September 2007, for review and response.  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 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 an error or injustice which would require corrective action by this Board.  After a thorough review of the evidence of record and applicant's submission, it is our opinion that he has failed to sustain his burden of proof of having suffered either an error or an injustice.  Therefore, in view of the above and absent of persuasive 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 an material error or an 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-2007-01094 in Executive Session on 14 February 2008, under the provisions of AFI 36-2603:
 
              XXXXXXXXXX, Panel Chair
              XXXXXXXXXX, Member
              XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 April 2007, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPPTR, dated 5 June 2007.
    Exhibit C.  Letter, AFBCMR, dated 7 September 2007, w/atchs.

                                   XXXXXXXXXX
                                   Panel Chair