RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00400
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her Survivor Benefit Plan (SBP) be changed to reflect child only.
2. She be reimbursed the amount paid for spouse SBP premiums from 12 July 2000 (the date she was divorced) to 27 September 2008 (the date the Defense Finance and Accounting Service (DFAS) changed her SBP coverage to child only.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She requested child only SBP coverage upon her retirement; however, her request was not honored until September 2008. She did not know the process of getting the coverage changed until she met with an SBP counselor who identified the error and briefed her on the process to have the records corrected.
In support of her request, she provides a copy of her divorce decree, a copy of her marriage record, a copy of DD Forms 2656-6 (Survivor Benefit Plan Election Change Certificate), a copy of DD Form 2894 (Designation of Beneficiary Information), a copy of a letter to DFAS, and a copy of a computer printout.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force after serving over 20 years in the grade of master sergeant having assumed that grade effective and with a date of rank of 5 December 1997.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states there is no evidence of an error or injustice and no basis in law to provide relief in this case. DPSIAR also states the applicant had sufficient time to change her SBP coverage with DFAS. Although the applicants husband did not return the original DD Form 2656, her divorce decree clearly states her husband agreed to termination of his SBP coverage. At that point, the applicant should have requested DFAS to process a certified copy of her divorce decree and elect child only SBP coverage. Since the statue of limitations of six-years had expired for a total refund, the applicant received a partial refund from DFAS in the amount of $6,844.00 vice $10,200.00.
The complete DPSIAR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 March 2009 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 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. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that the relief requested is warranted. Applicant's contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility. We therefore adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of proof of the existence of either an error or a injustice. Absent 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 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-2009-00400 in Executive Session on 20 May 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 December 2008, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 2 March 2009.
Exhibit C. Letter, SAF/MRBR, dated 20 March 2009.
Panel Chair
3
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AF | BCMR | CY2010 | BC-2010-03454
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03454 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husbands records be corrected to show he made a timely election for former spouse and child coverage under the Survivor Benefit Plan (SBP). AIR FORCE EVALUATION: AFPC/DPSIAR states there is no evidence of an Air Force error; however, in the...
AF | BCMR | CY2012 | BC-2012-03938
DPSIAR forwarded these documents to DFAS-CL and requested her SBP record be adjusted to reflect child only coverage based on full retired pay under the SBP, retroactive to her 1 October 1996 retirement, stop spouse SBP premium and refund the difference in monthly premiums subject to the 6-year statute of limitations. Evidence has been provided that supports the applicant was not married and attempted to elect child only coverage prior to her 1 October 1996 retirement. ...
AF | BCMR | CY2013 | BC-2012-01547
DPSIAR states there is evidence of Air Force error; therefore, they recommend the applicant’s record be corrected to reflect she submitted a valid SBP election for child only coverage based on full retired pay effective 1 Nov 04. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating APPLICANT be corrected to show that on 1 November 2004, she submitted a valid election for child...
AF | BCMR | CY2012 | BC-2012-01307
If neither the member nor the spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Even though a member fails to notify DFAS—Cleveland (DFAS-CL) of the divorce and continues to pay SBP premiums afterword, the former spouse is not eligible for annuity payments upon the member’s death. However, should the applicant provide a notarized statement from the deceased former member’s widow relinquishing her...
AF | BCMR | CY2012 | BC-2012-00432
The complete AFPC/DPSIAR evaluation is at Exhibit B. SAF/MRB Legal Advisor recommends denial of the applicants request as this case presents the Board with competing interests between the former spouse and the applicant. Given the competing interests and the absence of a valid, timely election, the Board should follow the long standing SAF/GCM guidance not to correct an existing record when "the result would be unfavorable to another person eligible to seek relief from the BCMR. The...
AF | BCMR | CY2012 | BC-2012-00429
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial, indicating there is no evidence of an error or injustice. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She was not provided or informed on the law and requirements of SBP. Had she been informed or provided the information on the requirements of the law pertaining to SBP she would have been able to make a...
AF | BCMR | CY2010 | BC-2010-02019
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02019 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). A copy of the SAF/MRB evaluation is at Exhibit...
AF | BCMR | CY2012 | BC-2012-01541
DPSIAR requested the applicant provide a certified copy of the final divorce decree and/or the QDRO, which she claimed awarded SBP coverage to her following divorce. In the event the applicant provides the requested documents which prove the court awarded SBP coverage to her, absence a competing claimant and to prevent a possible injustice, they recommend the decedent’s record be corrected to reflect he elected former spouse coverage based on full retired pay, naming XXXXXXXXXXXXX as the...
AF | BCMR | CY2012 | BC 2012 05699
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05699 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: She be named as former spouse under the Survivor Benefit Plan (SBP). While we do not take issue with the applicants assertion that her divorce decree ordered her former husband to continue coverage for her under SBP, he failed to convert the coverage to...
AF | BCMR | CY2008 | BC-2008-00426
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...