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AF | BCMR | CY2006 | BC-2005-00707
Original file (BC-2005-00707.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00707
            INDEX CODE:  137.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken to show he  filed  a  timely  election  for
former spouse coverage under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His record was  changed  without  his  knowledge.   Shortly  after  he
married his current spouse, he took action to combine  his  Air  Force
retirement with his civil service retirement and signed several  forms
to that effect.  He was unaware, as a result, that the Air  Force  SBP
for his former wife had also been changed.  He states he did not elect
civil service SBP.  His former spouse has been paying premiums for Air
Force SBP since his retirement from civil service.

In support of his appeal, the applicant has provided a copy of DD Form
2656-1, Survivor Benefit Plan  (SBP)  Election  Statement  for  Former
Spouse Coverage, a notarized statement giving the Air Force permission
to give information to his former spouse about AFBCMR  results,  their
divorce decree and a copy of his marriage certificate to  his  current
spouse.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The member and his former spouse were married on 31 December 1957, and
prior to his retirement from the Air Force on 1 July 1973  he  elected
spouse and child coverage based on a reduced  level  of  retired  pay.
The parties divorced on 3 October 1983 and their  divorce  decree  was
silent on SBP.  Applicant married his current spouse  on  10  November
1983 but did not notify the finance center of his  change  in  marital
status, nor request coverage on his new  wife’s  behalf.   The  member
waived his military retired pay prior to  his  3  January  1989  civil
service retirement, but he did not elect  the  civil  service  annuity
plan.  A direct remittance account was established to process  payment
of the SBP monthly premiums and the member reports his  former  spouse
continues to directly  remit  monthly  SBP  premiums  to  the  finance
center.

_________________________________________________________________

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:

A copy of the Air Force evaluation was forwarded to the applicant on 1
March 2005 for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________


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 been presented to demonstrate the
existence of error or injustice.  It appears an arrangement  was  made
several years ago between the former spouse and the now retired member
wherein the spouse at that time agreed to set up a  direct  remittance
account where, in return for her remaining the eligible beneficiary of
his SBP, she would continue to pay the premiums.  The military  member
remarried  soon  after  the  divorce.   Unfortunately,  neither  party
informed the finance center of the member’s change in  marital  status
(which made the current spouse the  eligible  SBP  beneficiary.)   The
former spouse has continued to pay the premiums to this date,  unaware
until lately, that she is no longer the eligible SBP beneficiary.  The
member and his current spouse have recognized the inherent  unfairness
of this situation and the current  spouse  agreed  to  sign  over  her
eligibility to the former spouse – the Board notes the  receipt  of  a
notarized statement to this effect.  Therefore, we recommend that  the
records be corrected as 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  10 November  1983,
he elected former spouse coverage  under  the  Survivor  Benefit  Plan
(SBP) based on full retired pay,  naming  Sheila  M.  Simpson  as  the
former spouse beneficiary.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-00707 in Executive Session on 26 June 2006, under the  provisions
of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Janet I. Hassan, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Feb 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPTR, dated 27 Apr 05.
    Exhibit C.  Letter, SAF/MRBR, dated 1 March 2005.
    Exhibit D.  Notarized Letter, Applicant, dated 26 Jun 06.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC

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Office Of The Assistant Secretary


AFBCMR BC-2005-00707



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 10 November
1983, he elected former spouse coverage under the Survivor Benefit
Plan (SBP) based on full retired pay, naming Sheila M. Simpson as the
former spouse beneficiary.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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