RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-
00649
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 SEPTEMBER 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election for
former spouse coverage under the Survivor Benefit Plan (SBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
His divorce decree awards SBP benefits to his former spouse.
In Mar 97, he informed DFAS of his divorce including sending a copy
of his divorce decree. He also requested that his former spouse be
awarded SBP benefits. He does not remember whether he also
submitted a DD Form 2565-1, Survivor Benefit Plan (SBP) Election
Statement for Former Spouse Coverage at that time. The error was
brought to his attention when he inquired about changes to SBP
coverage during the current SBP open enrollment.
In support of his request, applicant provided a DD Form 2656-1, a
copy of their marriage certificate, and a copy of his divorce
decree.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The member and his former spouse married on 2 Mar 74. The member
elected spouse only SBP coverage based on a reduced level of
retired pay prior to his 1 Dec 91 retirement, and his former spouse
concurred in the election. The parties divorced on 11 Mar 97 and
the divorce decree ordered that his spouse remain the former spouse
beneficiary under the SBP. However, neither submitted a valid
election change during the first year following the date the
divorce was finalized. The applicant married his current spouse on
10 Dec 00, but he did not notify the finance center of the change
in his martial status nor request coverage be established on his
new wife’s behalf. The SBP data at the finance center continues to
reflect his former spouse’s date of birth (9 Apr 54) as the
eligible spouse beneficiary and premiums for her coverage continue
to be deducted from the member’s retired pay.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT 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 17 Apr 06, the Air Force evaluation and two advisory opinions on
cases similar to the applicant’s were forwarded for his review and
comment within 30 days. As of this date, no response has been
received by this office (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 opinion and recommendation of
USAF/JAA and adopt the rationale expressed as the basis for our
conclusion that 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. However, if the
applicant’s current spouse provides a notarized statement
relinquishing her potential entitlement to the SBP annuity, the
Board may be willing to reconsider the applicant’s appeal in
consideration of this evidence. In view of foregoing, 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 Docket Number BC-2006-
00649 in Executive Session on 15 June 2006, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Renee M. Collier, Member
Ms. Marcia Jane Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 06, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 29 Mar 06.
Exhibit C. Letter, AFBCMR, dated 17 Apr 06, w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
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