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
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