RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04227 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he elected former spouse coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ APPLICANT CONTENDS THAT: He was not aware that he needed to complete paperwork to keep his former spouse as his SBP beneficiary. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documents submitted by the applicant, he retired from the Air Force on 1 February 1991, in the grade of Master Sergeant, E-7. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. AFPC/DPFFF recommends approval. DPFFF states the applicant has not requested SBP spouse costs be terminated during the 11 years since his divorce, clearly showing his intent that his former spouse remain his SBP beneficiary. 2. The applicant and his former spouse were married on 18 Feb 69. He elected spouse and child coverage based on a reduced level of retired pay prior to his 1 Feb 91 retirement. The applicant's youngest child lost eligibility as a contingent beneficiary effective Aug 99. The parties divorced on 18 May 01, and their divorce decree does not specifically refer to the SBP, or other "survivor" benefits. There is no evidence the applicant submitted an election to change spouse coverage to former spouse coverage within the first year following their divorce. However, the applicant did not request that his former spouse be removed as his SBP beneficiary. Monthly premiums continue to be deducted from his retired pay, and DFAS-CL's records continue to reflect his former spouse’s date of birth (10 May 49) as the eligible spouse beneficiary. There is no evidence either party has remarried; therefore there is no competing claimant. 3. There is no evidence of Air Force error in this case and absent a competing claimant, they recommend the applicant’s record be corrected to show that he submitted an election for former spouse coverage based on the previous reduced level of retired pay, naming his former spouse as the eligible beneficiary effective 19 May 01. Correction should be contingent upon recovery of appropriate retroactive costs. The complete AFPC/DPFFF evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 October 2012 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After thoroughly reviewing the circumstances of this case, the Board notes that the Air Force office of primary responsibility (OPR) indicated that following their divorce the applicant did not request that his former spouse be removed as his SBP beneficiary and monthly premiums continue to be deducted from his retired pay. We also note that the Defense Finance and Accounting Service (DFAS) records continue to reflect his former spouse’s date of birth as the eligible spouse beneficiary for SBP. In view of the above and since there is no evidence either party has remarried, we are in agreement with the favorable recommendation of the OPR. Accordingly, we recommend the applicant’s records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 19 May 2001, he elected former spouse coverage under the Survivor Benefit Plan (SBP), based on a reduced level of retired pay naming his former spouse as the former spouse beneficiary. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 17 June 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered for AFBCMR Docket Number BC-2012-04227: Exhibit A. DD Form 149 dated 10 September 2012, w/atchs. Exhibit B. Letter, AFPC/DPFFF, dated 5 October 2012. Exhibit C. Letter, SAF/MRBR, dated 23 October 2012. Panel Chair AFBCMR 1500 West Perimeter Road, Suite 3700 Joint Base Andrews NAF Washington, MD 20762 Dear: Your application to the Air Force Board for Correction of Military Records, AFBCMR BC-2012-04227 has been finalized. The Board determined that your military records should be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force. The office responsible for making the correction will inform you when your records have been changed. After correction, the records will be reviewed to determine if you are entitled to any monetary benefits as a result of the correction of records. This determination is made by the Defense Finance and Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the assembly and careful checking of finance records. It may also be necessary for the DFAS-IN to communicate directly with you to obtain additional information to ensure the proper settlement of your claim. Because of the number and complexity of claims workload, you should expect some delay. We assure you, however, that every effort will be made to conclude this matter at the earliest practical date. Sincerely, Chief Examiner Air Force Board for Correction of Military Records Attachments: 1. Record of Board Proceedings 2. Directive cc: DFAS-IN AFBCMR BC-2012-04227 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code it is directed that: The pertinent military records of the Department of the Air Force relating to, be corrected to show that on 19 May 2001, he elected former spouse coverage under the Survivor Benefit Plan (SBP), based on a reduced level of retired pay naming, as the former spouse beneficiary. Director Air Force Review Boards Agency 3 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary DEPARTMENT OF THE AIR FORCE