RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02436
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to show he elected former spouse coverage
under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His divorce decree ordered him to elect the SBP for his former spouse.
In support of his appeal, the applicant has provided copies of his
divorce decree, his current marriage license, a DD Form 2656-1, SBP
election Statement for Former Spouse Coverage, and a copy of the DD
Form 2656, Data for Payment of Retired Personnel.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and his former spouse were married on 16 August 1967 and
their divorce was finalized on 15 June 2004. The member married his
current spouse on 18 March 2005. The member is a Reservist who became
entitled to receive Reserve retired pay upon reaching the age of 60.
He had elected spouse only SBP coverage based on full, retired pay
prior to his 3 June 2006 retirement. The 15 June 2004 divorce decree
incorporated the 29 June 2006 Constituted Pension Order (Military)
that required the member to elect SBP former spouse coverage based on
full, retired pay.
_________________________________________________________________
AIR FORCE EVALUATION:
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:
A copy of the Air Force evaluation was forwarded to the applicant on
12 July 2007 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. Insufficient relevant evidence has been presented at this time to
demonstrate the existence of error or injustice. We noted the final
constituted military pension order that required the applicant to
provide SBP coverage to his former spouse. It therefore appeared that
the applicant had from 1 June 2006 (date order was notarized) until 1
June 2007 to effect the former spouse coverage. However, the divorce
decree dated 15 June 2004 noted an earlier voluntary separation and
property settlement agreement dated 2 December 2003 and stated all
issues with respect to support and property had been resolved and that
no other issues needed the court’s determination. The AFBCMR Legal
Advisor noted the absence in the applicant’s package of the earlier
support agreement. The Legal Adviser was not able to provide an
advisory on this case as he opined that should the earlier support
agreement have resolved the SBP issue then the year available to the
applicant to change his election to former spouse would have expired
in December 2004 rather than 1 June 2007, making the later military
support order null and void in regards to an SBP election change. The
Legal Advisor recommended that the Board obtain a copy of the earlier
support agreement to make clear which date was applicable as the
starting point of the one year time limit the applicant had to make
the change to former spouse coverage. Several attempts to contact the
applicant were made by all means available to obtain the earlier
support agreement. DFAS has confirmed the applicant had not applied
for the SBP election change during the June 2006 – June 2007 time
frame. In our opinion, the lack of all available evidence denies us
the opportunity to make a fully informed decision regarding his
request. Therefore, in the absence of such evidence, we find no
compelling basis to recommend granting the relief sought in this
application. Should the applicant respond with a copy of the earlier
support agreement we would be open to a request for reconsideration of
his 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 AFBCMR Docket Number BC-
2006-02436 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
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Aug 06, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPRT, dated 15 Sep 06.
Exhibit C. Letter, SAF/MRBR, dated 22 Sep 06.
KATHLEEN F. GRAHAM
Panel Chair
AF | BCMR | CY2007 | BC-2006-01035
In support of his appeal, the applicant has provided copies of the divorce decree and DD Form 2656-1, SBP Election Statement for Former Spouse Coverage. 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 the Air Force BCMR Legal Advisor and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2007 | BC-2007-00729
We note neither the applicant, nor the former spouse filed the necessary SBP election applications that would have provided the former spouse SBP coverage within the one-year time frame allotted them to do so. Exhibit C. Letter, AFBCMR Legal Advisor, dated 27 June 2007. Exhibit D. Letter, SAF/MRBC, dated 18 July 2007.
AF | BCMR | CY2007 | BC-2005-02786
DPPRT states there is no evidence the member submitted a request within the required time limit to voluntarily elect former spouse coverage on the applicant’s behalf. Records show that the member did not remarry and premiums continued to be deducted from his retired pay until his 2 Jul 96 death. 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 the Air Force office of primary responsibility and...
AF | BCMR | CY2007 | BC-2007-01000
The parties divorced on 26 December 1985 and in the marital settlement agreement the member agreed to designate the applicant as beneficiary to the SBP. 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 the AFBCMR Legal Advisor and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice requiring corrective action by this Board. ...
AF | BCMR | CY2007 | BC-2007-01448
DPPRT’s complete evaluation is at Exhibit B. SAF/MRB (AFBCMR Legal Advisor) recommends denial. We note neither the applicant, nor the former spouse filed the necessary SBP election applications that would have provided the former spouse SBP coverage within the one-year time frame allotted them to do so. Exhibit C. Letter, SAF/MRB, dated 27 June 2007.
AF | BCMR | CY2007 | BC-2006-01689
No recommendation is provided. A complete copy of the Legal Advisor’s evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel argues the legal advisory’s contention is that a deemed election was not made. 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 the AFBCMR Legal Advisor and adopt his rationale as...
AF | BCMR | CY2007 | BC-2007-01199
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-2007-00884
The law at the time of the member’s retirement did not require that the spouse concur in the election and he did not elect SBP coverage on her behalf at that time. Further, the laws controlling SBP preclude a married member who declined spouse coverage at the time of retirement from providing SBP former spouse coverage following divorce unless Congress authorized an open enrollment. DPPRT states the member had two opportunities to elect former spouse SBP coverage on the applicant’s behalf...
AF | BCMR | CY2006 | BC-2004-03002-2doc
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AF | BCMR | CY2006 | BC-2006-00649
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. 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. However, if the applicant’s current spouse provides...