RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02698
		INDEX CODE:137.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased ex-husband’s records be corrected to reflect he elected coverage for her under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was married to the service member for over 10 years and should be entitled to benefits.

In support of her application, she provided a copy of the service member’s DD Form 214, Certificate of Release or Discharge from Active Duty, a personal statement, a copy of her marriage certificate and the former service member’s death certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant and the former service member were married on 7 Jan 73.  Prior to his 1 Aug 84 retirement, he elected child only coverage under the SBP based on full retired pay.  He and the applicant were divorced on 3 Nov 86.  The divorce decree was silent on SBP.  He died on 19 Nov 88.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIAR recommends the requested relief be denied.  DPSIAR states the applicant was married to the former service member for over 10 years; however, duration is not legal grounds for authorizing SBP eligibility.  The service member agreed to pay a percentage of his retired pay to the applicant, the division of retired pay is not considered and should not be interpreted as pertaining to the SBP.  SBP is similar to commercial life insurance in that an individual must elect to participate and pay the required premiums in order to be covered.

The complete AFPC/DPSIAR evaluation at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states she believes she is being discriminated against because she was not born a US citizen.  She believes she is entitled to benefits based the Soldiers and Sailors Civil Relief Act of 1940 (Exhibit D).

_________________________________________________________________

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 filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an 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 the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-02698 in Executive Session on 14 Feb 08, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Aug 07, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPSIAR, dated 3 Oct 07.
	Exhibit C.	Letter, SAF/MRBR, dated 26 Oct 07.
	Exhibit D.	Applicant’s Response, dated 18 Nov 07.