RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER: BC-2014-04332

XXXXXXXXXX (DECEASED)		COUNSEL: NONE

XXXXXXXXXX (APPLICANT		HEARING DESIRED: NO



APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show he made a 
timely election for spouse coverage under the Survivor Benefit 
Plan (SBP).


APPLICANT CONTENDS THAT:

She and the decedent lived together as husband and wife for over 
13 years prior to their marriage in 2013.  He helped raise her 
children and grandchildren.

In support of her request, the applicant provides copies of her 
marriage certificate, rental agreement, bills, letters of 
support and various other documents related to her appeal.

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


STATEMENT OF FACTS:

The former member served in the Regular Air Force and retired 
effective 1 December 1988.

According to the former member’s death certificate dated 
24 January 2014, he died on 27 December 2013.

In a letter dated 20 November 2014, AFPC/DPFFF invited the 
applicant to provide a copy of the court document that 
recognized her common law marriage to the decedent prior to 
their 20 November 2013 licensed marriage and a certified copy of 
the decedent’s death certificate.


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  Members who have suspended spouse 
coverage and who remarry after they retire must be married for 
one full year, or the spouse must be a parent of issue of a 
child born of that marriage (if married less than one year) in 
order to be eligible for the SBP.  These criteria are waived if 
the member remarries the spouse he or she was married to on the 
date of retirement; in that specific case, the spouse becomes 
eligible for the SBP immediately following the marriage.  The 
Defense Enrollment Eligibility Reporting System (DEERS) reflects 
the member was married to his former spouse on 13 June 1987 and 
he elected spouse only SBP coverage prior to his 1 December 
1988 retirement.  DPFFF is unable to determine when the parties' 
marriage ended; however, DFAS-CL suspended the spouse coverage 
on 20 October 1997.  The member and the applicant married on 
30 November 2013, and DEERS records reflects that he died on 
27 December 2013, prior to the first anniversary of their 
marriage.  The applicant has failed to respond to DPFFF’s 
20 November 2014 letter requesting she provide a copy of the 
court document that recognized their common law marriage in the 
State of California, and a copy of her husband's death 
certificate.  Notwithstanding the rental agreements, interest 
and finance statements, and numerous letters of support from 
allegedly knowledgeable references, there is no evidence that 
California recognizes the applicant's claim that a common-law 
marriage existed at least one year prior to the member's death.  
While it is unfortunate the member died prior to the first 
anniversary of their marriage, there are no provisions in law to 
waive the one-year eligibility period for spouses acquired after 
retirement. 

A complete copy of the DPFFF evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a copy of the decedent’s death 
certificate and a copy of the divorce decree between the 
decedent and his former spouse.

The applicant’s complete response, with attachments, is at 
Exhibit E.


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.  Although the 
applicant provides a copy of the former member’s death 
certificate and divorce decree, she did not provide a copy of 
the court document that recognized their common law marriage in 
the State of California as requested by DPFFF.  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 conclusion the applicant has 
failed to sustain her burden of proof that she has been the 
victim of an error or injustice.  In the absence of evidence to 
the contrary, we find no 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.


The following members of the Board considered this application 
in Executive Session on 12 June 2015, under the provisions of 
AFI 36-2603:

       , Vice Chair
       , Member
       , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-04332 was considered:

      Exhibit A.  DD Form 149, dated 5 October 2014, w/atchs.
      Exhibit B.  Member’s Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPFFF, dated 29 December 2014.
      Exhibit D.  Letter, SAF/MRBR, dated 26 January 2015.
      Exhibit E.  Letter, Applicant, undated, w/atchs.