RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00962
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 SEP 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Applicant is the ex-spouse of the deceased former servicemember, who
requests her former late husband’s records be corrected to reflect he
made a timely election for former spouse coverage under the Survivor
Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her former late husband named her as the beneficiary for coverage
under the SBP. However, at the time of designation, he mistakenly
elected spouse rather than former spouse coverage. All other
documentation indicates that she is the designated beneficiary.
The former servicemember’s current surviving spouse agrees that she
should be the recipient of the SBP payments.
In support of her appeal, the applicant provided a personal statement,
a statement from the current surviving spouse, a divorce decree, and
copies of marriage and death certificates.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former servicemember and the applicant were married and he elected
spouse only SBP coverage based on a reduced level of retired pay prior
to his 1 Jul 77 retirement. Pay records reflect the member increased
his level of coverage to full retired pay during the open enrollment
authorized by Public Law (PL) 97-35 (1 Oct 81 - 30 Sep 82). The
parties divorced on 21 May 86 and in the divorce decree, the member
was given the option of maintaining the SBP or acquiring life
insurance on the applicant's behalf. However, neither party submitted
a valid SBP election change during the required time limit. The former
servicemember married E--- on 7 Jul 88, but he did not request that
the Defense Finance and Accounting Service - Cleveland Center (DFAS-
CL) establish SBP coverage on her behalf. His retired pay records
reflected the applicant's date of birth (12 Sep 36) as the eligible
spouse beneficiary and SBP premiums were deducted from his retired pay
until his death on 25 Jan 06. His widow is eligible to receive an SBP
annuity of $1,249; however, she provided a notarized statement
claiming she does not intend to make a claim on the SBP and she has
not yet applied for the benefit.
_________________________________________________________________
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:
On 20 Jul 06, the Board staff forwarded the applicant copies of
memoranda from HQ USAF/JAG/JAA which will be considered in the
processing of her application (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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the facts
and circumstances of this case, we are persuaded that the former
spouse should receive the SBP annuity. In this respect, we note the
current spouse has provided a notarized statement relinquishing her
entitlement to the SBP, and we are satisfied the current spouse of the
former servicemember is fully aware she is relinquishing her
entitlement to the annuity. In view of the foregoing, we recommend
the former servicemember’s records be corrected to extent set forth
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the FORMER SERVICEMEMBER, be corrected to show that on
22 May 1986, he elected former spouse coverage under the Survivor
Benefit Plan based on full retired pay, naming Donna L. Reed as former
spouse beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2006-00962 in Executive Session on 5 Oct 06, 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 was considered:
Exhibit A. DD Form 149, dated 10 Mar 06, w/atchs.
Exhibit B. Letter, AFPC/DPPRT, dated 10 May 06.
Exhibit C. Letter, AFBCMR, dated 20 Jul 06, w/atchs.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2006-00962
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 , be corrected to show that on 22 May 1986, he
elected former spouse coverage under the Survivor Benefit Plan based
on full retired pay, naming as former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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