Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-01375
Original file (BC-2004-01375.doc) Auto-classification: Approved





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01375
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken that would allow her to receive a  Survivor
Benefit Plan (SBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her former spouse, now deceased, had originally signed up for SBP  but
did not change the coverage from spouse to former spouse prior to  his
death.  There was never anything  in  their  original  divorce  decree
regarding SBP as  he  became  ill  before  the  proceedings  could  be
finalized and did not send in any paperwork to change the coverage.

In support of her appeal, the applicant has  provided  copies  of  her
former spouse’s death certificate and court documents showing a  court
date of October 1996 to address an order to modify.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Upon his effective retirement date of 1 August 1988, the former member
elected spouse and child coverage based on reduced  level  of  retired
pay.  The youngest child at the time lost eligibility on 1 July  2002.
The applicant did not provide a divorce decree with  her  application.
There is also no evidence the former member ever remarried  after  the
divorce.  Premiums continued to be deducted until the  member’s  death
on 22 March 2004.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR states that on 5 May  2004,  they
sent a letter to the applicant asking for documentation, including the
divorce decree, to which she has yet  to  respond.   DPPTR  adds  that
should the applicant provide the pertinent documentation, it would  be
appropriate to change the record to reflect on the day  following  the
date of divorce, he elected to  change  his  SBP  coverage  to  former
spouse coverage based on previous reduced level  of  retired  pay  and
contingent on recoupment of applicable premiums.

DPPTR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the applicant’s divorce decree was provided and 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  The court was silent on the issue of
SBP coverage between  the  deceased  member  and  his  former  spouse.
However, since  it  appears  the  decedent  never  remarried  and  SBP
premiums were deducted from his retired pay  until  the  date  of  his
death, we believe that the applicant has established that  her  former
husband intended to provide  her  with  an  annuity  upon  his  death.
Therefore, we recommend that The records  be  corrected  as  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  7  May  1996,  he
elected to change his Survivor Benefit Plan  (SBP)  from  "spouse  and
child” coverage to "former spouse”  coverage  based  on  the  previous
reduced  level  of  retired  pay,  naming  SPOUSE  as   the   eligible
beneficiary.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 24 September 2004, under the provisions of AFI 36-
2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Michael K. Gallogly, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary


AFBCMR BC-2004-01375




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, be corrected to show that on 7 May 1996,
he elected to change his Survivor Benefit Plan (SBP) from "spouse and
child” coverage to "former spouse” coverage based on the previous
reduced level of retired pay, naming Spouse as the eligible
beneficiary.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00611

    Original file (BC-2004-00611.doc) Auto-classification: Approved

    AFPC/DPPTR states there is no evidence of an Air Force error; however, to preclude a possible injustice, they recommend the member’s record be corrected to reflect that on 9 May 1989 he elected former spouse coverage based on a reduced level of retired pay. On 21 July 2004, this office received a letter from the former spouse’s counsel stating that on 27 July 1989, he sent a copy of the Divorce Decree and Property Settlement Agreement to the Air Force. ...

  • AF | BCMR | CY2004 | BC-2003-00935

    Original file (BC-2003-00935.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00935 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Corrective action be taken to show that her former, now deceased spouse, filed a timely election to change his Survivor Benefit Plan (SBP) coverage from spouse and child to former spouse following their divorce. In August 1993, the...

  • AF | BCMR | CY2004 | BC-2004-02014

    Original file (BC-2004-02014.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02014 INDEX NUMBER: 137.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). On 28 Jun 04, AFPC requested the member provide a copy of his marriage certificate to both his former...

  • AF | BCMR | CY2004 | BC-2004-00293

    Original file (BC-2004-00293.doc) Auto-classification: Denied

    We do not take issue with the applicant’s contention her divorce decree ordered her deceased former husband to provide former spouse coverage for her under the SBP, but he did not do so. However, since neither the applicant nor her deceased former husband took the necessary actions to ensure she was provided former spouse coverage under the SBP within the one-year period in which they could have done so, it appears that the applicant has no legal entitlement to the relief sought. It...

  • AF | BCMR | CY2004 | BC-2004-00823

    Original file (BC-2004-00823.DOC) Auto-classification: Denied

    The law in effect at the time of the applicant’s divorce did not allow retired members to provide SBP coverage even if they wished to voluntarily continue their former spouse’s eligibility. The fact that the member paid spouse premiums until 1987 is not in itself evidence of his intent to provide coverage on the applicant’s behalf. 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...

  • AF | BCMR | CY2004 | BC-2004-02024

    Original file (BC-2004-02024.doc) Auto-classification: Denied

    SBP premium were deducted from the servicemember’s retired pay until February 2003 when the finance center suspended the spouse portion of his SBP. We do not take issue with the applicant’s contention her divorce decree ordered her deceased former husband to provide former spouse coverage for her under the SBP, but he did not do so. However, in the absence of a showing the applicant is legally entitled to the relief sought or a waiver of entitlement from the current spouse, we conclude she...

  • AF | BCMR | CY2004 | BC-2003-03233

    Original file (BC-2003-03233.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: Counsel states that, prior to the former member’s retirement from the Air Force, he elected SBP coverage for “spouse and child.” On 29 December 1983, the member and applicant divorced and their divorce decree incorporated a settlement agreement wherein the applicant would receive “all (100%) of the Husband’s Survivor benefits that can be paid to a former spouse.” The Defense Finance and Accounting...

  • AF | BCMR | CY2004 | BC-2004-02336

    Original file (BC-2004-02336.doc) Auto-classification: Denied

    SBP payments terminated because DIC payments are greater than $238. Under the Uniformed Services Former Spouses’ Protection Action, the former spouse’s right to payments based on a division of retired pay terminated upon the death of the former member. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 2 December 2004, under the provisions of AFI 36- 2603: Mr. Roscoe Hinton Jr., Panel...

  • AF | BCMR | CY2004 | BC-2004-00769

    Original file (BC-2004-00769.doc) Auto-classification: Denied

    He remarried on 14 September 1985 and, in October 1985 he submitted a valid request to DFAS to establish former spouse coverage under the insurable interest option. His former spouse remarried in 2003 and applicant, in his appeal to this Board, requests that the beneficiary eligibility of his former spouse to his SBP be deleted and his current spouse be named beneficiary. Although the separation agreement and divorce decree stated that he only had to retain coverage until his former spouse...

  • AF | BCMR | CY2004 | BC-2004-00953

    Original file (BC-2004-00953.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPTR states that SBP spouse coverage is suspended when the spouse loses eligibility. He submitted this request for corrective action in a timely manner after being notified that coverage had been established on behalf of his current spouse. Novel, Member By majority vote, the Board recommended granting the requested relief.