RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02153
INDEX CODE: 137.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to reflect he made an election under the
Reserve Component Survivor Benefit Plan (RCSBP) for former spouse
coverage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of eligibility to participate in RCSBP on
22 Aug 91. The applicant elected spouse and child coverage, for an
immediate annuity. On 29 Jun 00, the applicant and his wife were
divorced. The divorce decree awarded his wife former spouse coverage
under SBP.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS states the applicant did not request former spouse coverage
within the required time frame. Title 10 United States Code Section
1450 (f)(3)(C) states that "Time limit for request by former spouse.
An election may not be deemed to have been made under subparagraph (a)
in the case of any person unless the Secretary concerned receives a
request from the former spouse of the person within one year of the
date of the court order or filing involved." Neither the applicant
nor his former spouse submitted a request to change the election from
spouse to former
spouse during the required time frame. Therefore, based on the
evidence provided they recommend denying the applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that neither he nor his former spouse knew of the
statutory time limit. He further states, to his knowledge, that
neither his attorney nor his former wife's attorney was experienced in
the matters of cases involving SBP. He reiterates how stressful the
divorce was on him and his former wife and that they have not
maintained a line of communication. The court and his intentions are
for his former spouse to receive this benefit. Applicant's complete
response is attached at Exhibit E.
_________________________________________________________________
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 probable error or injustice. After thoroughly
reviewing the evidence of record, we believe that the applicant's
records should be corrected to reflect that he elected former spouse
coverage under the RCSBP within the required timeframe. To deny the
applicant's request would be denying the former spouse an asset
awarded to her by the court as a result of the divorce. In view of
the foregoing, we recommend his records be corrected to the extent
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 29 June 2000, he
elected to change his Reserve Component Survivor Benefit Plan "spouse
and child coverage" to "former spouse coverage," under the Survivor
Benefit Plan (SBP), naming (FRMR SPOUSE NME) as beneficiary based on
full retired pay.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on November 20, 2001, under the provisions of AFI
36-2603:
Mr. David C. VanGasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Michael J. Novel, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 01, w/atchs.
Exhibit B. Microfiche.
Exhibit C. Letter, HQ ARPC/DPS, dated 31 Aug 01.
Exhibit D. Letter, SAF/MIBR, dated 14 Sep 01.
Exhibit E. Applicant's Response, dated 17 Sep 01.
DAVID C. VANGASBECK
Panel Chair
AFBCMR 01-02153
INDEX CODE: 137.00
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 (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, SSN, be corrected to show that on 29
June 2000, he elected to change his Reserve Component Survivor
Benefit Plan "spouse and child coverage" to former spouse coverage,"
under the Survivor Benefit Plan (SBP), naming (FMR SPOUSE NAME) as
beneficiary based on full retired pay.
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
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