RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01003
INDEX CODE:137.00
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 SEP 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected to change his spouse
coverage to former spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In July 2004, he submitted his retirement DD Form 2656, he was advised
by the Defense Finance and Accounting Service (DFAS) that his ex-
spouse could not be listed as a former spouse because she had failed
to file within the one-year following the finalization of their
divorce.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The servicemember was married to D. when he became eligible to receive
retired pay on 1 April 1989 except for attaining age 60. Apparently,
the servicemember deferred making an election under the RCSBP until he
applied for retired pay. The servicemember and D. were divorced on 8
January 1999 and in the property settlement agreement, incorporated in
the divorce decree, D. agreed to receive a reduced amount in monthly
military retirement benefits for the purpose of maintaining the SBP.
However, there is no evidence DFAS received a request from D.
requesting a deemed SBP election be made on her behalf during the
first year following the date the divorce was finalized. The
servicemember married C. on 20 May 2000 and he elected spouse only SBP
coverage based on full retired pay prior to his 60th birthday (9
September 2004), the commencement of his retired pay.
_________________________________________________________________
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 11 May 2005, the Board staff forwarded the counsel and the
applicant copies of memorandums from HQ USAF/JAA and HQ USAF/DPPRT
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 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 opinions and the recommendations of
USAF/JAA and adopt their rationale as the basis for our conclusion 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. We are not unsympathetic to the applicant’s dilemma and
that of his former spouse. Nonetheless, at this time, his former
spouse is not the legal beneficiary of the SBP election. However, if
the applicant’s current spouse provides a notarized statement
relinquishing her potential entitlement to the SBP annuity, the Board
would be willing to reconsider this request. 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 AFBCMR Docket Number BC-
2005-01003 in Executive Session on 7 July 2005, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Marcia J. Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 05, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 22 Apr 05.
Exhibit C. Letter, AFBCMR, dated 11 May 05, w/atchs.
MICHAEL J. NOVEL
Panel Chair
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