RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01283
			COUNSEL:  NONE
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her former spouse’s records be corrected to establish former spouse coverage under the Survivor Benefit Plan (SBP).
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APPLICANT CONTENDS THAT:

She was married to her former spouse for 12 years of his active duty service and is entitled to military retirement benefits.  

However, upon his retirement, he failed to list her as his surviving spouse.  

In support of her request, the applicant provides copies of her marriage license and divorce decree.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air 
Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings. "
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AIR FORCE EVALUATION:

DFAS-JFBE/CL recommends denial.  DFAS states that the former member declined to participate in the SBP; therefore, no annuity 
is payable and there are no monies due the applicant.

The SBP, as outlined in Title 10, United States Code, Sections 1447-1455, was enacted on 21 Sep 72 to allow retired members of 
the Uniformed Service an opportunity to provide a portion of their retired pay to their surviving beneficiaries.  

The records show that the applicant and her former spouse were married on 7 Nov 64, and he declined SBP coverage prior to his 
1 May 83 retirement.  The parties divorced on 6 Oct 75.

The complete DFAS-JFBE/CL evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 Apr 13, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit 
C).  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 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 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-2013-01283 in Executive Session on 23 Dec 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to Docket Number BC-2013-01283 was considered:

    Exhibit A.  DD Form 149, dated 7 Mar 13, w/atchs.
    Exhibit B.  Letter, DFAS-JFBE/CL, dated     .
    Exhibit C.  Letter, SAF/MRBR, dated 19 Apr 13.
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