RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01833
INDEX CODE: 137.00
COUNSEL: WALTER W. GERHARDT
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) be changed to former spouse
coverage.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The present record does not list his former spouse as beneficiary
to the SBP as directed by the divorce court.
In support of applicant’s appeal, he submitted a copy of excerpts
from the divorce decree.
Applicant’s complete submission is 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.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR 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 and child
coverage based on full retired pay prior to his 1 Apr 93
retirement. The youngest child lost eligibility Jun 94. They
divorced on 22 Jan 96 and the court required the member to maintain
his former spouse as the beneficiary to the SBP. However, neither
party submitted a valid election change within the required time
limit. SBP premiums were suspended shortly after the divorce by
the finance center, and in the event relief is granted, retroactive
SBP premiums of approximately $26,588 must be recovered.
On 7 Jun 02, it was requested that the member provide a completed
DD Form 2656-1, SBP Election Statement for Former Spouse Coverage.
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 B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 2 Aug 02 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
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 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 provided the
requested DD Form 2656-1. 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 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 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
02-01833 in Executive Session on 21 January 2003, 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 30 May 02, w/atch.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 30 Jul 02, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 2 Aug 02.
DAVID C. VAN GASBECK
Panel Chair
However, the law provides two mechanisms for changing spouse coverage to former spouse coverage, which must be exercised within the first year following divorce. If neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. The decedent and the applicant were married on 28 Dec 83; in Sep 85, the decedent notified the finance center of the change in his marital status and spouse...
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. 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. ...
_________________________________________________________________ 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. ...
AF | BCMR | CY2003 | BC-2002-03271
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03271 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husband's records be corrected to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) and any SBP premium payments due be waived. ...
___________________________________________________________________ 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...
___________________________________________________________________ STATEMENT OF FACTS: The Air Force stated that the applicant elected child only SBP coverage based on full retired pay prior to his 1 Mar 73 retirement. They stated that a member who fails to provide SBP coverage for an eligible spouse at the time of retirement may not later elect coverage for that person, or another person of the same category, unless Congress authorizes an open enrollment. ...
AF | BCMR | CY2003 | 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...
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...
At that time, RCSBP coverage and premiums were suspended. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR states that SBP spouse coverage is suspended when the spouse loses eligibility. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the...
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.