RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01282
INDEX CODE:137.00
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected former spouse coverage
under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His former spouse failed to make the election for former spouse
coverage within a year following their divorce.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The servicemember and J. were divorced on 10 February 2000 and the
divorce decree ordered the applicant provide SBP coverage on J’s.
behalf. Neither the applicant nor J. made an election for former
spouse coverage within one year of their divorce. The applicant
married T. on 14 February 2000 and elected SBP spouse and child
coverage based on full retired pay. The applicant retired on 1 August
2003.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR indicates that since the request involves two potential SBP
beneficiaries. No recommendation is provided.
A complete copy of the Air Force evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 June 2004, the Board staff forwarded the applicant copies of
memorandums from HQ USAF/JAG/JAA which will be considered in the
processing of his application (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. Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice. We took notice of the applicant's
complete submission in judging the merits of the case.
Notwithstanding the opinions rendered by HQ USAF/JAA, after thoroughly
reviewing the circumstances of this case, it is the opinion of the
Board that the former spouse should receive the SBP annuity. The
Board notes the current spouse has provided a notarized statement
relinquishing her entitlement to the SBP. The Board is persuaded it
was the applicant’s intent to provide his former spouse the SBP
annuity and is satisfied his current spouse is fully aware she is
relinquishing her entitlement to the annuity. Therefore, the Board
accepts the opinion and recommendation from the Air Force and
recommends the applicant’s 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 31 July 2003, he
elected former spouse coverage under the Survivor Benefit Plan,
naming as former spouse beneficiary based on a reduced
amount of $680.00.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2004-01282 in Executive Session on 20 July 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Joseph A. Roj, 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 14 Apr 04, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 5 May 04.
Exhibit C. Letter, AFBCMR, dated 18 Jun 04, w/atchs.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR BC-2004-01282
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it
is directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show
that on 31 July 2003, he elected former spouse coverage under the
Survivor Benefit Plan, naming as former
spouse beneficiary based on a reduced amount of $680.00.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2004 | BC-2003-04283
There is no indication in the records that either the applicant or J. submitted a request to change the SBP coverage from spouse to former spouse within the one-year time period. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 21 July 2000, he elected under the Survivor Benefit Plan to change his coverage from “spouse” to “former...
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There are two mechanisms provided by law for changing SBP coverage from spouse to former spouse, and both must be exercised within the first year following the divorce. The servicemember can file an election change or the former spouse can request that the change be made on their behalf. A complete copy of the Air Force evaluation is at Exhibit B.
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There are two mechanisms provided by law for changing SBP coverage from spouse to former spouse, and both must be exercised within the first year following the divorce. DPPTR recommends the applicant’s records be corrected to reflect he elected to change his SBP coverage from spouse to former spouse coverage based on reduced retired pay, naming B. as former spouse beneficiary A complete copy of the Air Force evaluation is at Exhibit B. The applicant submitted a notarized statement dated 22...
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On 12 August 2004, the Board staff requested the applicant provide a copy of the election he submitted for former spouse coverage (Exhibit F). On 26 August 2004, the Board staff requested the applicant provided a copy of his election for former spouse coverage following his divorce. Exhibit B.
AF | BCMR | CY2004 | BC-2004-02029
There is no indication in the records that either the applicant or C. submitted a request to change the SBP coverage from spouse to former spouse within the one- year time period. Nonetheless, at this time, his former spouse is not the legal beneficiary of the SBP election. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2004-02029 in Executive Session on 24 September 2004, under the provisions of AFI...
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