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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