Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-1998-01039-2
Original file (BC-1998-01039-2.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:         DOCKET NUMBER:  BC-1998-01039
               INDEX CODE:  137.04
               COUNSEL:  NONE
               HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased former husband’s records be corrected to reflect that  he  made
a timely election for former spouse  coverage  under  the  Survivor  Benefit
Plan (SBP).

_________________________________________________________________

STATEMENT OF FACTS:

A similar appeal was considered and denied by the  Board  on  25  May  1999.
For  an  accounting  of  the  facts  and   circumstances   surrounding   the
applicant’s appeal, and the rationale of the earlier decision by the  Board,
see the Record of Proceedings at Exhibit E.

In  an  application  dated  22   August   2007,   the   applicant   requests
reconsideration.  She states on two different occasions she  called  Maxwell
Air Force Base to inquiries about any benefits  that  she  is  entitled  to.
She was married to her late husband for 30 years.  The first call  was  made
before they divorced in August 1995.  She was informed that  she  would  not
qualify for the  Civilian  Health  and  Medical  Program  of  the  Uniformed
Services (Champus)  coverage  as  they  were  only  married  a  little  over
19 years of his active military time.  Since she was on file  as  his  death
beneficiary and premiums were deducted from his pay, there was nothing  left
to be done.  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 an injustice.  After a  thorough  review  of  the  evidence  of
record it  is  the  Board  majority's  opinion  that  corrective  action  is
warranted.  The majority of the Board, noting that the former  servicemember
continued to pay into the SBP after he and his  former  spouse  divorced  in
1995, believes the applicant has established reasonable doubt as to  whether
it was his intent that she receive survivor benefits in compliance with  the
court order.  Accordingly,  the  Board  majority  is  of  opinion  that  the
benefit of any doubt in this matter should be  resolved  in  her  favor  and
recommends that her 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 9 August 1995, he elected  former
spouse coverage under the Survivor Benefit Plan (SBP) based on full  retired
pay, naming XXX as former spouse beneficiary.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1998-
01039 in Executive Session on 25 September 2008,  under  the  provisions  of
AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Michael K. Gallogly, Member

By a majority vote,  the  Board  recommended  to  correct  the  records,  as
recommended.  Ms. Hassan voted to deny the applicant’s request but does  not
desire to submit a minority report.  The following documentary evidence  was
considered:

   Exhibit E.  Record of Proceedings, dated 28 May 1998,
               w/atch.
   Exhibit F.  DD Form 149, dated 22 August 2007, w/atchs.




                       MICHAEL J. NOVEL
                       Panel Chair





AFBCMR BC-1998-01039




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 XXX, be corrected to show that on 9 August 1995, he elected
former spouse coverage under the Survivor Benefit Plan (SBP) based on full
retired pay, naming  XXX as former spouse beneficiary.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency



Similar Decisions

  • AF | BCMR | CY2008 | BC-2007-01626

    Original file (BC-2007-01626.doc) Auto-classification: Approved

    If there were not a competing eligible beneficiary, or that beneficiary would consent to the change via a notarized statement, he would recommend correcting the record. The applicant’s complete response is at Exhibit D The deceased member’s widow provided a notarized statement stating in part, that she and her deceased husband had an understanding that the ex-wife (who is the applicant), would receive the SBP benefits. KATHLEEN F. GRAHAM Panel Chair AFBCMR BC-2007-01626 MEMORANDUM FOR THE...

  • AF | BCMR | CY2006 | BC-2005-00973

    Original file (BC-2005-00973.doc) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: The Air Force indicated the member and the applicant were married on 10 Aug 74 and the member elected spouse and child coverage based on full retired pay prior to his 1 Jul 97 retirement. NOVEL Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Application of [APPLICANT] I have carefully reviewed the evidence of record and...

  • AF | BCMR | CY2006 | BC-2006-00868-2

    Original file (BC-2006-00868-2.doc) Auto-classification: Approved

    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. 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...

  • AF | BCMR | CY2004 | BC-2003-02252

    Original file (BC-2003-02252.doc) Auto-classification: Denied

    Further, since there was no court approved modification to the divorce decree regarding the SBP coverage, as required by statute, a majority of the Board is not persuaded the Air Force erred in refusing to change his SBP beneficiary after he advised DFAS that his former spouse had consented to the termination of her coverage based on the terms of their property settlement. _________________________________________________________________ RECOMMENDATION OF THE BOARD: The majority of the...

  • AF | BCMR | CY2007 | BC-2007-01199

    Original file (BC-2007-01199.doc) Auto-classification: Approved

    Examiner’s Note: The law in effect at the time of the applicant’s divorce did not allow retired members to provide SBP coverage, even if they wished to voluntarily continue their former spouse’s eligibility. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In her response dated June 22, 2007, the applicant states her former spouse was very sorry and surprised when his request to name her his SBP beneficiary was denied. KATHLEEN...

  • AF | BCMR | CY2007 | BC-2007-01439

    Original file (BC-2007-01439.DOC) Auto-classification: Approved

    Had the member elected SBP coverage based on full retired pay, the monthly cost would have been approximately $157 at the time of his death and the annuity would have been no less than $1,335. Furthermore, the Air Force may not pay an SBP annuity to the applicant because the member retired before the implementation of the SBP and he did not choose to provide SBP coverage on her behalf. It is possible that since the premiums were still being deducted from the member’s retired pay after the...

  • AF | BCMR | CY2004 | BC-2003-04283

    Original file (BC-2003-04283.doc) Auto-classification: Approved

    There is no indication in the records that either the applicant or J. submitted a request to change the SBP coverage from spouse to former spouse within the one-year time period. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 21 July 2000, he elected under the Survivor Benefit Plan to change his coverage from “spouse” to “former...

  • AF | BCMR | CY2003 | BC-1995-00482A

    Original file (BC-1995-00482A.doc) Auto-classification: Denied

    While we are not unsympathetic to the applicant’s situation, in the absence of any evidence which would lead us to believe that she took any action which could be construed as meeting the statutory requirements for a request for a deemed election for former spouse SBP coverage, a majority of the Board concludes that the applicant has failed to establish the existence of error or injustice. BARBARA A. WESTGATE Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF...

  • AF | BCMR | CY2006 | BC-2006-03676

    Original file (BC-2006-03676.doc) Auto-classification: Approved

    The member’s widow is eligible to receive an SBP annuity of $412, but she has not submitted an application to date. A complete copy of the Air Force evaluation is at Exhibit B. Applicant’s complete response, with attachments, is at Exhibit D. The widow of the service member indicated in a statement dated 25 Jan 06, that she recently completed and returned some forms sent to her by DFAS-CL.

  • AF | BCMR | CY2004 | BC-2003-00516

    Original file (BC-2003-00516.doc) Auto-classification: Approved

    There are two mechanisms provided by law for changing SBP coverage from spouse to former spouse, and both must be exercised within the first year following the divorce. DPPTR recommends the applicant’s records be corrected to reflect he elected to change his SBP coverage from spouse to former spouse coverage based on reduced retired pay, naming B. as former spouse beneficiary A complete copy of the Air Force evaluation is at Exhibit B. The applicant submitted a notarized statement dated 22...