RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02487
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 JUNE 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect his former spouse as the eligible
Survivor Benefit Program (SBP) beneficiary.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His former spouse informed him that she was not listed as the beneficiary
for SBP. He immediately tried to correct this by calling the Defense
Finance and Accounting Service (DFAS). He was informed the request for
change had to be submitted in writing and his former spouse would be
required to initiate the election form. He was later informed that his
request could not be approved and he (not his spouse) needed to complete
and submit a different form than what was initially submitted.
He submitted the request via phone prior to the one-year anniversary date
of his current marriage. His request was submitted late because he was
miscounseled on the SBP procedures.
In support of the application, the applicant submits a copy of a letter
from DFAS, a copy of his letter to DFAS, a copy of his divorce decree, and
the original SBP Election Statement of Former Spouse Coverage form.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and former spouse were married on 6 June 1975 and he elected
spouse and child SBP coverage based on full retired pay which was
established by operation of law following his 1 July 1996 retirement. The
parties divorced on 19 December 2003 and the divorce decree orders the
former spouse be named the beneficiary to the spousal survivor benefit.
However, neither party submitted a valid election change during the first
year following the date the divorce was finalized. The applicant reported
he remarried on 21 April 2004, 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. The child portion of SBP ended July 2004. The SBP data
at the finance center continued to reflect the former spouse’s date of
birth (5 December 1954) as the eligible spouse beneficiary and premiums for
spouse coverage continue to be deducted from the member’s retired pay.
On 7 November 2005, the applicant forwarded a notarized statement from his
current spouse relinquishing her rights as the eligible SBP beneficiary.
_________________________________________________________________
AIR FORCE EVALUATION:
Based on guidance issued by the AFBCMR on 18 March 2004, HQ AFPC/DPPTR has
no 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 5 October 2005, copies of the Air Force evaluation and memorandums from
HQ USAF/JAA, were forwarded to the applicant for review and comment
(Exhibit D). The applicant provided a notarized statement from his current
wife dated 3 November 2005 relinquishing her potential entitlement to the
SBP annuity (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 since been presented to demonstrate
the existence of an injustice. The applicant claims he was miscounseled
concerning the actions required to cover his former spouse under the SBP.
From the documents provided, it appears likely the applicant and his former
spouse were either provided incorrect or misleading information or did not
fully understand the information provided. In view of the above, the
provisions of the divorce decree, and the fact the applicant’s current
spouse has provided a notarized signed statement relinquishing her
potential entitlement to the SBP, we believe the applicant’s records should
be corrected to the extent 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 20 December 2003, he elected
former spouse coverage under the Survivor Benefit Plan (SBP) based on full
retired pay, naming as the former spouse beneficiary.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 27 October 2005 and 9 November 2005, under the provisions of AFI
36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathleen F. Graham, Panel Member
Mr. Alan A. Blomgren, Panel Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2005-02487.
Exhibit A. DD Form 149, dated 4 Jun 05, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 14 Sep 2005.
Exhibit D. Letter, AFBCMR, dated 5 Oct 05 w/atchs.
Exhibit E. Letter, Applicant’s Spouse, dated 3 Nov 05 w/atch.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2005-02487
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 20 December 2003, he
elected former spouse coverage under the Survivor Benefit Plan (SBP) based
on full retired pay, naming xxxxx as the former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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