RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00426
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_______________________________________________________________
__
APPLICANT REQUESTS THAT:
His records be corrected to change his Survivor Benefit Plan
(SBP) from spouse to former spouse coverage.
_______________________________________________________________
__
APPLICANT CONTENDS THAT:
In his current divorce decree/settlement agreement he agreed to
continue SBP coverage for his former spouse. He was unaware
that he was required to notify, Defense Finance and Accounting
Service(DFAS) within 12 months of the divorce or to submit a
signed DD Form 2656 -1, Survivor Benefit Plan (SBP) Election
Statement for Former Spouse Coverage. The premiums continue to
be deducted from his pay to ensure his former spouse receives
the SBP annuity. He has now learned that without this DD Form
149, Application for Correction of Military Record being
approved and his beneficiary category corrected to reflect
former spouse, no annuity is payable.
In support of his request, the applicant provided a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge; DD Form 2656-1 and copies of his divorce
decree with settlement agreement.
His complete submission, with attachments, is at Exhibit A.
_______________________________________________________________
__
STATEMENT OF FACTS:
The applicant was married on 28 March 1957 and he elected
spouse and child SBP coverage based on a reduced level of
retired pay prior to his 1 February 1978 retirement. The
youngest child lost eligibility in June 1993 due to age. The
parties divorced 26 April 2004, and the divorce decree ordered
she remain the irrevocable SBP beneficiary; however, there is
no evidence either party submitted a valid former spouse
election within the one year period following the divorce as
the law requires. The applicant and his current spouse married
on 23 July 2004, but he did not notify the finance center of
the change in his marital status or request that spouse
coverage be established on his new wife's behalf. DFAS-CL
erroneously reflects his former spouse as the eligible spouse
beneficiary and premiums continue to be
deducted from the members retired pay.
On 7 July 2008, his current spouse relinquished her rights to
claim the SBP annuity.
_______________________________________________________________
__
AIR FORCE EVALUATION:
AFPC/DPPTR indicates since the request involves two potential
SBP beneficiaries, no recommendation is provided (Exhibit B).
_______________________________________________________________
__
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 May 2008, for review and response within 30
days. As of this date, this office has received no response
(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 an error or injustice. After a
thorough review of the evidence of record and noting that the
applicant's current spouse has provided a notarized statement
indicating that she concurs with the request and fully
understands the ramifications thereof, we believe that in the
interest of justice favorable action is warranted.
Accordingly, it is our recommendation that the applicant's
records be corrected to the extent set forth below.
_______________________________________________________________
__
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 27
April 2004, he elected former spouse coverage under the
Survivor Benefit Plan (SBP) based on a reduced level of retired
pay, naming XXXXXXX as the former spouse beneficiary.
_______________________________________________________________
__
The following members of the Board considered Docket Number BC-
2008-00426 in Executive Session on 25 September 2008, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 December 2007, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIAR, dated 12 March 2008.
Exhibit C. Letter, AFBCMR, dated 19 May 2008, w/atchs.
Panel Chair
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