RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03365
INDEX NUMBER: 131.05
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) be changed to 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 relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR reviewed this application and recommended denial.
They state that a person’s eligibility as an SBP spouse beneficiary
terminates upon divorce. However, the law provides two mechanisms
for changing spouse coverage to former spouse coverage, which must
be exercised within the first year following divorce. The retiree
may file an election change, or the former spouse may request the
retiree be deemed to have made such a change on his or her behalf
as long as legal documentation is provided that the member agreed
or that the court ordered the member to establish former spouse
coverage.
In this case, the member was married and elected spouse only
coverage based on full retired pay prior to his 1 Nov 91
retirement. They divorced on 13 Oct 92 and the court required the
member to maintain his former spouse as the beneficiary to the SBP.
However, neither party submitted a valid election in time.
On 7 Nov 01, the member was ordered to reinstate his former spouse
as SBP beneficiary and provide a $100,000.00 life insurance policy
until the SBP is restored.
On 4 Dec 01, it was requested that the member provide a completed
DD Form 2656-1, SBP Election Statement for Former Spouse coverage,
and an acknowledgement of debt statement. To date, member has not
responded to the request. They found no evidence of error or
injustice in this case.
A complete copy of the 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 Jan 02 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 probable error or injustice. We took
notice of the applicant's complete submission in judging the merits
of the case. However, we note that the member has not responded to
the request for a completed DD Form 2656-1, and an acknowledgement
of debt statement. Therefore, 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. Based
on the available evidence of record, we find no compelling basis to
recommend granting the relief sought in this application at this
time.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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
AFBCMR Docket Number 01-03365 in Executive Session on
23 April 2002, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Nov 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 23 Jan 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 25 Jan 02, w/atchs.
DAVID C. VAN GASBECK
Panel Chair
AF | BCMR | CY2003 | BC-2002-01833
On 7 Jun 02, it was requested that the member provide a completed DD Form 2656-1, SBP Election Statement for Former Spouse Coverage. A complete copy of the evaluation is at Exhibit B. ___________________________________________________________________ THE BOARD RECOMMENDS 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...
_________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant was married and elected child only SBP coverage based on full retired pay prior to his 12 May 83 disability retirement. If a member withdraws under this provision, there is no immediate refund of premiums; however, applicable spouse premiums paid by the member can be refunded to the spouse following the member’s death. ...
___________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPTR reviewed this application and recommended denial. In Jul 01, former spouse coverage was established...
The service member and G. (the applicant) were married on 14 Sep 94; however, the service member did not notify DFAS of the change in his martial status nor did he request to establish coverage for his new spouse. On 21 Feb 01, the service member's former spouse (M.) submitted a request for correction of his military records to entitle her to an SBP annuity. The beneficiary form that the applicant refers to was to entitle her to the service member's unpaid retired pay, not as a beneficiary...
A xxxx informed him that all he would need to do was complete DD Form 2656-2, Termination of SBP Request, have his spouse sign the request and forward the completed form to DFAS for processing. The applicant contends that he was improperly counseled about the options of having SBP reinstated at a future date. The applicant wanted to terminate his SBP coverage for his spouse immediately.
The service member can file an election change or the former spouse can request that the change be made on their behalf. DPPTR on 19 Apr 01, requested that the service member provide documents that are required to establish former spouse coverage--copy of his final divorce decree and a properly completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. Should these completed documents be submitted, the Board would be willing to reconsider this case.
The service member can file an election change or the former spouse can request that the change be made on their behalf. DPPTR on 19 Apr 01, requested that the service member provide documents that are required to establish former spouse coverage--copy of his final divorce decree and a properly completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. Should these completed documents be submitted, the Board would be willing to reconsider this case.
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___________________________________________________________________ APPLICANT CONTENDS THAT: He incorrectly completed the DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and should have completed it to reflect former spouse coverage. On 1 Aug 02, they requested that the applicant provide a completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and his former spouse’s marriage certificate. The complete...
AF | BCMR | CY2004 | BC-2002-02424
___________________________________________________________________ APPLICANT CONTENDS THAT: He incorrectly completed the DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and should have completed it to reflect former spouse coverage. On 1 Aug 02, they requested that the applicant provide a completed DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, and his former spouse’s marriage certificate. The complete...
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His third marriage was on 14 Jun 95, but he failed to submit a request to not extend SBP coverage to his third wife before the first anniversary of their marriage; therefore, his third spouse became the eligible spouse beneficiary on 14 Jun 96. Public Law (PL) 99-145 provides a one-year period during which SBP participants with suspended spouse coverage who remarry may choose to not extend SBP protection to the newly acquired spouse. While the applicant acted in a timely manner to notify...