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).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was unaware that notification of change was required after his
divorce. If his records are corrected, he will be able to continue
his financial assistance, as was his intent.
In support of his request, applicant provided a DD Form 1883,
Survivor Benefit Plan - Election Certificate, and a copy of his
Retirement Order.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The Air Force indicates the member and his former spouse were
married on 7 Oct 61, and he elected spouse and child SBP coverage
based on a reduced level of retired pay prior to his 1 Sep 75
retirement. The youngest child lost eligibility on 30 Jun 94. The
parties divorced, however, confirmation of the date of divorce
cannot be verified. Defense Enrollment Eligibility Reporting
System (DEERS) records show that the member subsequently married
his current spouse, but she is no longer eligible to receive
medical benefits.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR reviewed this application and recommended denial, due
to incomplete documentation. 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. Both 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 her behalf. In the latter case, the former spouse must
provide legal documentation that the member agreed, or that the
court ordered the member, to establish former spouse coverage. If
neither the member nor the former spouse requests the election
change during the one-year eligibility period, former spouse
coverage may not be established thereafter. Although SBP premiums
may continue to be deducted from the member’s retired pay following
divorce, the former spouse is not eligible to receive annuity
payments in the event of the member’s death.
There is no evidence the member submitted a valid election to
change his spouse and child SBP coverage to former spouse or notify
the finance center of his remarriage. SBP premiums continue to be
deducted from the member’s retired pay and records erroneously
reflect his former spouse’s date of birth as the eligible spouse
beneficiary.
On 28 Jun 04, AFPC requested the member provide a copy of his
marriage certificate to both his former spouse and his current
spouse, complete finalized copies of all divorce decrees, and a
properly completed DD Form 2656-1, Survivor Benefit Plan (SBP)
Election Statement for Former Spouse Coverage, documents required
to properly establish former spouse coverage. He has not
responded.
The complete Air Force evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 Aug 04, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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 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. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
___________________________________________________________________
THE BOARD DETERMINES 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 Docket Number BC-2004-
02014 in Executive Session on 2 December 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Michael J. Novel, Member
Mr. Michael K. Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jun 04, w/atchs.
Exhibit B. Letter, AFPC/DPPTR, dated 19 Aug 04, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 20 Aug 04.
ROSCOE HINTON JR.
Panel Chair
AF | BCMR | CY2004 | BC-2004-01375
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...
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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. ...
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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.
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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...
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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-2004-01282
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).
AF | BCMR | CY2004 | BC-2003-00935
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 | 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...
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPTR reviewed the application and states in reviewing the service member's records there is no evidence that he attempted to terminate the applicant's SBP following their divorce; nor is there any evidence to indicate that he requested cessation of costs when the law permitted SBP premiums to cease after a spouse beneficiary loses eligibility, therefore, they cannot speculate regarding...