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AF | BCMR | CY2005 | BC-2005-02487
Original file (BC-2005-02487.doc) Auto-classification: Approved

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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