Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-01003
Original file (BC-2005-01003.doc) Auto-classification: Denied

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

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-00792

    Original file (BC-2005-00792.doc) Auto-classification: Denied

    _________________________________________________________________ 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 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...

  • AF | BCMR | CY2004 | BC-2003-03404

    Original file (BC-2003-03404.doc) Auto-classification: Approved

    There are two mechanisms provided by law for changing SBP coverage from spouse to former spouse, and both must be exercised within the first year following the divorce. The servicemember can file an election change or the former spouse can request that the change be made on their behalf. A complete copy of the Air Force evaluation is at Exhibit B.

  • AF | BCMR | CY2004 | BC-2003-04283

    Original file (BC-2003-04283.doc) Auto-classification: Approved

    There is no indication in the records that either the applicant or J. submitted a request to change the SBP coverage from spouse to former spouse within the one-year time period. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 21 July 2000, he elected under the Survivor Benefit Plan to change his coverage from “spouse” to “former...

  • AF | BCMR | CY2005 | BC-2005-02243

    Original file (BC-2005-02243.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02243 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 16 NOVEMBER 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s records be corrected to show that he elected former spouse coverage under the Survivor Benefit Program (SBP) at the time of his retirement. However, there is...

  • AF | BCMR | CY2004 | BC-2003-00516

    Original file (BC-2003-00516.doc) Auto-classification: Approved

    There are two mechanisms provided by law for changing SBP coverage from spouse to former spouse, and both must be exercised within the first year following the divorce. DPPTR recommends the applicant’s records be corrected to reflect he elected to change his SBP coverage from spouse to former spouse coverage based on reduced retired pay, naming B. as former spouse beneficiary A complete copy of the Air Force evaluation is at Exhibit B. The applicant submitted a notarized statement dated 22...

  • AF | BCMR | CY2004 | BC-2004-02029

    Original file (BC-2004-02029.doc) Auto-classification: Denied

    There is no indication in the records that either the applicant or C. submitted a request to change the SBP coverage from spouse to former spouse within the one- year time period. Nonetheless, at this time, his former spouse is not the legal beneficiary of the SBP election. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2004-02029 in Executive Session on 24 September 2004, under the provisions of AFI...

  • AF | BCMR | CY2004 | BC-2004-01282

    Original file (BC-2004-01282.doc) Auto-classification: Approved

    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 | CY2005 | BC-2005-01019

    Original file (BC-2005-01019.doc) Auto-classification: Denied

    (Note: At the time of the decedent’s election for spouse coverage, the finance center incorrectly entered 5 June 1940 vice 5 Jul 1940 as the applicant’s date of birth [DOB]) The parties divorced on 28 July 1986 and the court ordered that SBP coverage continue on the applicant’s behalf. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 27 October 2005, under the provisions of AFI...

  • AF | BCMR | CY2005 | BC-2005-01507

    Original file (BC-2005-01507.doc) Auto-classification: Denied

    However, even though he provided a written request dated 4 May 1983 to change his coverage from spouse to former spouse, the finance center did not make the change because Public Law 98-94 authorizing retirees to elect SBP coverage for their former spouses did not take effect until 24 September 1983 and because his statement was notarized on 28 May 1983, 24 days after the date it was signed. When Air Force retired pay accounts were transferred from Denver to the Cleveland pay center, the...

  • 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...