ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00868-
2
INDEX CODE: 137.04
XXX (DECEASED) COUNSEL: NONE
(XXX - APPLICANT)
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, she asks that her late
former husband’s records be changed to reflect he elected to change
Survivor Benefit Plan (SBP) spouse coverage to former spouse based on
a reduced level of retired pay.
_________________________________________________________________
STATEMENT OF FACTS:
Prior to his retirement on 1 Jul 92, the veteran elected spouse only
SBP coverage based on a reduced level of retired pay; the applicant
concurred in his election. According to the Qualified Domestic
Relations Order (QDRO) [stipulation of property settlement] (Exhibit
A), they were divorced on 28 Mar 94 but neither party submitted a
valid election change during the required period (one year) following
their divorce. The retired pay data system at the Defense Finance &
Accounting Service - Cleveland Center (DFAS-CL) continued to reflect
the applicant’s name as the eligible spouse beneficiary. There is no
evidence the veteran remarried and SBP premiums continued to be
deducted from his retired pay until his death on 3 Dec 05. On 27 Mar
06, HQ AFPC/DPPRT requested the applicant submit a copy of her final
divorce decree, her marriage certificate if she had remarried and, if
that marriage has been terminated, a copy of that divorce decree.
However, the applicant only resubmitted the QDRO. In their advisory
(Exhibit B), HQ AFPC/DPPRT indicated the applicant’s submission was
incomplete but if she provided the necessary documents, it would be
appropriate to correct the veteran’s record to reflect he elected to
change SBP spouse coverage to former spouse coverage based on the
previous reduced level of retired pay, naming the applicant as the
eligible beneficiary. Approval should be contingent upon recoupment
of applicable premiums.
In a telephone conversation with the applicant on 22 Aug 06, the
AFBCMR Staff explained the QDRO was not the finalized recorded divorce
decree and she needed to provide that document as well as a notarized
affidavit indicating she had not remarried. The applicant indicated
she would forward those documents, but when the Board convened on
5 Oct 06, she had not responded and her appeal was denied.
For an accounting of the facts and circumstances surrounding the
applicant’s case and the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit E.
On 2 Nov 06, the AFBCMR Staff received the applicant’s 7 Sep 06
affidavit indicating she had not remarried after her divorce to the
veteran. Also provided was a copy of their final divorce decree,
which awards a portion of the late veteran’s military retirement pay
to the applicant.
The applicant’s complete submission, with attachments, is at Exhibit
F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice to warrant granting the applicant’s
requested relief. Before his retirement, the late veteran had elected
SBP benefits for the applicant based on reduced retired pay.
Apparently, however, neither the veteran nor the applicant submitted a
valid election change within the one-year window following their
divorce. HQ AFPC/DPPRT had indicated in their advisory that the
applicant’s original appeal should be denied because her documentation
was incomplete. However, they added approval would be appropriate if
the applicant submitted her final divorce decree and an affidavit
verifying she had not remarried. The applicant has provided the
appropriate documents and we believe, in order to avoid the
possibility of an injustice, her late former husband’s records should
be amended as indicated below. The applicant should be aware that
approval and finalization of her case would be contingent upon
recoupment of any applicable premiums.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the VETERAN be corrected to show that, on 30 March 1994,
he elected to change his Survivor Benefit Plan (SBP) from “spouse
coverage” to “former spouse coverage” based on a reduced amount of
retired pay, naming the APPLICANT as the eligible beneficiary.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 November 2006, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Kathy L. Boockholdt, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR No. BC-2006-00868-
2, was considered:
Exhibit E. Record of Proceedings, dated 17 Oct 06, w/atchs.
Exhibit F. Applicant's Affidavit, dated 7 Sep 06, [received
2 Nov 06] w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2006-00868-2
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 WILLIAM F. McAFEE, XXXXXXX, be corrected to show
that, on 30 March 1994, he elected to change his Survivor Benefit Plan
(SBP) from “spouse coverage” to “former spouse coverage” based on a
reduced amount of retired pay, naming XXXX as the eligible
beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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