RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02424
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to change his Survivor Benefit Plan (SBP) option from
no coverage to former spouse coverage.
___________________________________________________________________
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.
He misunderstood the information in regard to the former spouse
coverage given during his out processing for retirement and thought
that his former wife’s remarriage disqualified her from the SBP.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The Air Force stated that the applicant was divorced on 25 Apr 95
and the separation agreement, incorporated in the divorce decree,
ordered that the member maintain the SBP for his former spouse.
There is no evidence that the former spouse submitted a deemed
election to the finance center within the time period allowed.
The applicant remarried on 29 Nov 95; he declined SBP coverage
prior to his 1 Sep 01 retirement, and his wife concurred in his
election.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommended denial. They stated that if a divorce
occurs prior to retirement and the divorce decree awards the former
spouse coverage at the time of retirement, the former spouse may
request a deemed election, which remains on file at the Defense
Finance and Accounting Service (DFAS) until the member retires.
Absent a valid request for a deemed election within the first year
following divorce, or the member’s election for former spouse
coverage prior to retirement, former spouse coverage will not be
automatically established.
Former spouse coverage is suspended if the former spouse remarries
before age 55. Costs cease effective the first day of the month
after the month of remarriage. However, eligibility and premiums
are reinstated effective the first day of the month after the date
the former spouse’s disqualifying remarriage terminates. If the
member dies while the former spouse is ineligible, entitlement is
reinstated in the event the marriage subsequently ends.
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. To date, the applicant has not responded.
The complete Air Force 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 6 Sep 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 timely filed.
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 he has not provided the requested DD
Form 2656-1 and a copy of his former spouse’s marriage certificate.
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
02-02424 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 20 Jul 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 29 Aug 02, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 6 Sep 02.
DAVID C. VAN GASBECK
Panel Chair
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 | CY2003 | BC-2003-01370
Had the applicant elected spouse only coverage at the time of his retirement, coverage and costs would have been suspended upon the divorce. 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 10 Jun 03 for review and comment within 30 days. We took notice of the applicant's complete submission in judging the...
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...
AF | BCMR | CY2002 | BC-2002-03158
The applicant and the member divorced on 3 February 1983. Effective 1 March 1986, Public Law (PL) 99-145 permitted retiring members to select SBP coverage for a former spouse with the same cost as coverage options as a spouse. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that SBP was set up to protect the spouse and this is why a spouse’s signature is...
AF | BCMR | CY2003 | BC-2002-03158
The applicant and the member divorced on 3 February 1983. Effective 1 March 1986, Public Law (PL) 99-145 permitted retiring members to select SBP coverage for a former spouse with the same cost as coverage options as a spouse. A complete copy of the evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that SBP was set up to protect the spouse and this is why a spouse’s signature is...
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.
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. ...
They stated the laws controlling the SBP preclude a married member, who declined spouse coverage at the time of retirement, from providing SBP former spouse coverage following divorce unless Congress authorizes an open enrollment. A complete copy of the evaluation is at Exhibit B. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt...
In this regard, we are constrained to note that the applicable statute (10 USC Section 1450(f)(3)(C)), time limit for request by former spouse, provides that “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.” Such a requirement permits a former spouse to circumvent the stipulations of a...