RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01094
INDEX CODE: 137.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to terminate coverage under the Survivor
Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
There is no court order demanding former spouse coverage.
In support of his request, applicant provided a personal letter and a
copy of a court order.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The records reflect the applicant and his former spouse married 3
October 1959 and he elected spouse and child SBP coverage based on
full retired pay prior to his 1 April 1981 retirement. The parties
divorced on 16 March 1983 and in the separation agreement,
incorporated in the divorce decree, the member agreed to maintain the
military SBP in effect on his former spouse's behalf, but he did not
submit an election change following enactment of PL 98-94. Previously
a spouse's eligibility terminated upon divorce and former spouse
coverage was not an option until passage of PL 98-94 in September
1983. Nevertheless, SBP spouse premiums were deducted from his
retired pay. The applicant remarried on 14 October 1983, but did not
request that SBP coverage be established on his new spouse's behalf.
The spouse portion of the SBP was subsequently suspended retroactive
to his divorce date. The Finance Center received a deemed election
from his ex-spouse after the passage of PL 98-525 and established SBP
coverage on her behalf under the insurable interest option. There is
no evidence the applicant requested that his former spouse SBP
coverage under the insurable interest option be converted to former
spouse SBP under PL 99-145.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRT does not provide a recommendation because it involves
two potential SBP beneficiaries.
The DPPRT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 7 September 2007, for review and response. 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice which would require corrective
action by this Board. After a thorough review of the evidence of
record and applicant's submission, it is our opinion that he has
failed to sustain his burden of proof of having suffered either an
error or an injustice. Therefore, in view of the above and absent of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an material error or an 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 Docket Number BC-2007-
01094 in Executive Session on 14 February 2008, under the provisions
of AFI 36-2603:
Ms. Marcia Jane Bachman, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 April 2007, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 5 June 2007.
Exhibit C. Letter, AFBCMR, dated 7 September 2007, w/atchs.
MARCIA JANE BACHMAN
Panel Chair
AF | BCMR | CY2005 | BC-2005-00415
Even though the law in effect at the time of the applicant’s divorce did not allow retired members to provide former spouse SBP coverage, the member could have voluntarily elected former spouse SBP coverage on the applicant’s behalf when he applied for commencement of his retired pay, but he did not. A member, who has an eligible former spouse at the time of retirement, and does not elect SBP former spouse coverage, may not later elect that option unless Congress authorizes an open...
AF | BCMR | CY2008 | BC-2007-03579
The AFBCMR based its decision on a deemed election form and divorce decree from 21 years ago. In 2006, the AFBCMR corrected his records to show that on 22 May 1986, he elected former spouse coverage based on full retired pay. The Air Force knowing she was the correct spouse to receive the benefits allowed the former spouse to turn back time and fill out a deemed election form.
AF | BCMR | CY2006 | BC-2006-03676
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 | CY2008 | BC-2007-04088
_________________________________________________________________ APPLICANT CONTENDS THAT: Her father has not had contact with his spouse for over 15 years and financially he can no longer afford SBP premiums. There is no record the applicant submitted a DD Form 2656-2 required to terminate his SBP coverage during the disenrollment period provided by PL 105-85. There is no evidence of an Air Force error or injustice in this case; therefore, DPPRT recommends the request be denied.
AF | BCMR | CY2008 | BC-2007-01630
He elected spouse only SBP coverage based on full-retired pay prior to his 1 April 2001 retirement. Retirees must complete a DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and obtain the spouse’s notarized consent. Finally, the election form which the applicant signed five months prior to his retirement contains a specific statement that retiring members have been counseled on the termination provision.
AF | BCMR | CY2008 | BC-2007-03097
The applicant's complete submission, with attachments, is at Exhibit A. The effective date of his election was 28 Sep 82; however, the election was voided by his 13 Jul 84 death. However, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain her burden of proof of the existence of an error or injustice.
AF | BCMR | CY2006 | BC-2006-01594
The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. DPPRT states that the applicant and the former member were married on 15 September 1945; and the member elected spouse only RCSBP coverage based on full-retired pay. DPPRT advises the law in effect at the time of the applicant’s divorce did not allow retired members to provide SBP...
AF | BCMR | CY2006 | BC-2005-03625
However, in the event the applicant provides the required document, an amended death certificate, it would be appropriate to correct the decedent’s records to show the applicant was the eligible spouse beneficiary upon his death. A spouse’s eligibility to receive an SBP annuity terminates upon divorce. However, to date, the applicant has not provided an amended death certificate.
AF | BCMR | CY2006 | BC-2005-03568
In support of his appeal, applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 Mar 90; a copy of his divorce decree, dated 16 Dec 93; DFAS-CL Form 5890/2, Designation of Beneficiary Information, dated 13 Jan 03, and DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, 14 Dec 05. The applicant failed to submit a valid election to voluntarily change spouse to former spouse coverage during the...
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...