RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02692
INDEX CODE: 137.01
COUNSEL: TERESA HAMILTON
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he elected to participate in the Reserve
Component Survivor Benefit Plan (RCSBP) with former spouse coverage,
Option C, based on full retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His former spouse did “deem the election” for court awarded survivor
benefits within the required one-year time frame of their 1997
divorce.
In support of his appeal, the applicant has provided copies of his
application for benefits, his marriage certificate, divorce decree and
letter of receipt of documents from the Defense Finance and Accounting
Service (DFAS).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was notified of his eligibility to participate in the RCSBP
by letter dated 2 December 1989. The Air Reserve Personnel Center
(ARPC) Form 123, Reserve Component Survivor benefit Plan Election
Certificate, reflects his election of Option C, Immediate Annuity for
Spouse and Children based on full retired pay. He was divorced in
1997 and the court awarded his former spouse coverage under the RCSBP
program. However, neither the member nor the former spouse notified
HQ ARPC/DPP of the change in their marital status within a year of
their divorce as required by law. While the former spouse did provide
a copy of the divorce decree to DFAS, the paperwork that was filed by
the former spouse was for former spouse benefits through the member’s
Federal civilian retirement plan and not his military retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommends denial. DPP cites Title 10 United States Code
(U.S.C.), Section 1448(3)(A)(iii) as saying “Any such election must be
written, signed by the person making the election and received by the
Secretary concerned within one year after the date of the decree of
divorce, dissolution, or annulment.”
DPP’s complete 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 6
October 2006 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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. The service member and the former
spouse both indicated their intent to follow the court-ordered divorce
decree, wherein the member was ordered to include SBP elections from
both his military technician and his military SBP plans naming his
former spouse as the beneficiary. During the year after their
divorce, the former spouse provided a copy of the divorce decree and
associated documents to DFAS in order to insure her continued
eligibility; however, she supplied the documents necessary for her to
retain SBP benefits through the member’s federal civilian retirement
plan only and neglected to send the proper documentation for her
continued eligibility in the RCSBP. While the former spouse
mistakenly sent the incorrect paperwork to DFAS, we believe she
thought she was making a valid election for DFAS to implement her
RCSBP. Therefore, we recommend that the records be corrected as
indicated below.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 22 April 1997, he
elected full and immediate coverage for his former spouse and children
(Option CF) under the Reserve Component Survivor Benefit Plan (RCSBP)
naming Former Spouse as the former spouse beneficiary.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2006-02692 in Executive Session on 30 January 2007, under the
provisions of AFI 36-2603:
Ms. Kathleen F. Graham, 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 11 Jul 06, w/atchs.
Exhibit B. Letter, HQ ARPC/DPP, dated 2 Oct 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 6 Oct 06.
KATHLEEN F. GRAHAM
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2006-02692
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 22 April
1997, he elected full and immediate coverage for his former spouse and
children (Option CF) under the Reserve Component Survivor Benefit Plan
(RCSBP) naming former spouse as the former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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