RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01443

                     	     COUNSEL:  NONE
						
                              HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She receive military spousal benefits. 

APPLICANT CONTENDS THAT:

She was a “stay at home” mom and cared for her family during the member’s military career.

She was/is eligible to receive military spousal benefits and needs assistance in doing so. Benefits requested or information on include:  military I.D. card, commissary and BX privileges, medical insurance, and any other applicable benefit.

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

STATEMENT OF FACTS:

On 3 Jul 56, the member initially entered the Regular Air Force.

On 12 Nov 64, the applicant and member were married.

On 1 Feb 81, the member was furnished an honorable discharge and was credited with 24 years, 6 months and 28 days of active service.

On 3 Dec 86, the applicant and member were divorced.

On 31 Mar 16, AFBCMR forwarded Marriage Status Affidavits to the applicant for execution; however, the applicant did not respond (Exhibit C).

The remaining relevant facts pertaining to this application are found in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D and E.    

AIR FORCE EVALUATION:

On 1 Jun 16, AFPC/DP3SA responded directly to the applicant advising that her request could be resolved through administrative procedures rather than using the AFBCMR. In this regard, the applicant did initially qualify for medical care not to exceed one year following the date of her divorce in 1986; however, this has expired.  AFPC/DP3SA provided the applicant a Former Spouse Fact Sheet based on criteria contained in the Uniformed Services Protection Act.   

A complete copy of the AFPC/DP3SA memorandum is at Exhibit D.

AFPC/DPFFF responded to the applicant’s eligibility for the Survivor Benefit Plan (SBP) and found that the member declined participation in the SBP on his retirement.  

A complete copy of the AFPC/DPFFF email is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 Aug 16 for review and comment within 30 days (Exhibit F).  As of this date, no response has been received by this office.

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.  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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. In this case, the applicant was informed the member declined to participate in the SBP on his retirement.  We also note AFPC/DP3SA has provided the applicant with a Former Spouse Fact Sheet in response to her query about spousal benefits. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-01443 in Executive Session on 7 Mar 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01443 was considered:

	Exhibit A.  DD Form 149, dated 12 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 31 Mar 16 w/atchs.
     Exhibit D.  Memorandum, AFPC/DP3SA, dated 1 Jun 16.
	Exhibit E.  Memorandum, AFPC/DPFFF, dated 20 Jul 16.
     Exhibit F.  Letter, SAF/MRBR, dated 10 Aug 16.
     
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.