RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00792
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 06 JUNE 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect his former spouse as the eligible
Survivor Benefit Program (SBP) beneficiary as dictated in his divorce
decree.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He and his former spouse divorced in September of 2001, and she should be
the SBP beneficiary.
In support of the application, the applicant submits a recently signed and
dated SBP Election statement for Former Spouse Coverage, a statement, a
copy of his divorce decree, and a copy of his Data for Payment of Retired
Personnel form.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 November 2001. He and his former spouse married
on 29 August 1980. The applicant elected spouse only SBP coverage three
months prior to his 1 November 2001 retirement based on a reduced level of
retired pay. His former spouse concurred in the election. The parties
divorced on 5 September 2001, and in the divorce decree, the applicant
agreed to participate in the SBP, naming the former spouse as the eligible
beneficiary. Absent an election change prior to 1 November 2001 to reflect
former spouse vice spouse coverage, the Defense Finance and Accounting
Service – Cleveland Center (DFAS-CL) established reduced spouse only SBP
coverage.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR states there is no evidence the member returned to the SBP
office prior to his retirement date to change the beneficiary category from
spouse to former spouse. The finance center has no record showing that his
former spouse submitted a valid deemed election during the first year
following the divorce. The applicant and current spouse were married on
28 September 2002, but he did not notify the finance center of the change
in his marital status nor request coverage be established on his new wife’s
behalf; therefore, the SBP data at the finance center continued to
erroneously reflect the former spouse’s name and date of birth as the
eligible spouse beneficiary. Premiums for coverage are being deducted from
the member’s retired pay.
DPPTR states that based on guidance issued by the AFBCMR on 18 March 2004,
they are forwarding this request without a recommendation because it
involves two potential SBP beneficiaries. DPPTR’s evaluation, with
attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 April 2005, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment (Exhibit B). On 5 May 2005, the Board
staff forwarded the applicant copies of memorandums from HQ USAF/JAA, which
will be considered in the processing of his application (Exhibit D). As of
this date, this office has received no response to the aforementioned
correspondence.
_________________________________________________________________
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 the recommendation of USAF/JAA and adopt their
rationale as the basis for our conclusion that the applicant has not been
the victim of an error or injustice. Neither the servicemember nor the
former spouse submitted a valid election within the one-year period
required by law to establish former spouse coverage. Therefore, in the
absence of evidence to the contrary, we find no 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 this application in Executive
Session on 7 July 2005, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Kathy L. Boockholdt, Panel Member
Ms. Marcia J. Bachman, Panel Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2005-00792.
Exhibit A. DD Form 149, dated 31 Jan 05.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 08 Apr 05.
Exhibit C. Letter, SAF/MRBR, dated 15 Apr 05.
Exhibit D. Letter, AFBCMR, dated 5 May 05, w/atchs.
MICHAEL J. NOVEL
Panel Chair
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