RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02744
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election for
former spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been paying for SBP since he retired in 1990 and it would be a
tremendous hardship on his former spouse because her only source of
income is social security.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and his former spouse were married on 20 Aug 64. Prior
to his 1 Aug 90 retirement, he elected spouse-only SBP coverage based
on full retired pay. The applicant’s divorce was finalized on 31 Oct
06 and in the Permanent Orders he agreed to maintain her as the
beneficiary to the SBP. Neither his former-spouse nor the applicant
submitted an election for former-spouse coverage within the first year
following their divorce. Neither party has remarried and the SBP
premiums continue to be deducted from his retired pay and the Defense
Finance and Accounting Service-Cleveland (DFAS-CL) reflects his former-
spouse as the eligible spouse beneficiary.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends the record be corrected to reflect the
applicant changed his spouse only coverage to former-spouse
contingent upon recoupment of any applicable premiums and a properly
completed DD Form 2656-1.
AFPC/DPSIAR’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to applicant
on 31 Oct 08 for review and response within 30 days. As of this date,
no response has been received by this office.
On 24 Nov 08, the Board staff requested the applicant provide a
notarized DD Form 2656-1. As of this date, no response has been
received by this office.
_________________________________________________________________
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 injustice. After thoroughly reviewing the
evidence of record, we agree with the recommendation of the Air Force
office of primary responsibility that the applicant's records should
be corrected to reflect that he elected to change his spouse-only
coverage to former spouse coverage under the SBP. In view of the
foregoing, we recommend his records be corrected to the extent
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 1 November 2006,
he elected to change his Survivor Benefit Plan (SBP) from "spouse
only coverage" to "former spouse coverage," based on full retired
pay, naming as the eligible beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2008-02744 in Executive Session on 29 Jan 09, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Mark J. Novitski, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jul 088, w/atch.
Exhibit B. Letter, HQ AFPC/DPSIAR, dated 18 Sep 088.
Exhibit C. Letter, SAF/MRBR, dated 31 Oct 08.
Exhibit D. Letter, SAF/MRBC, dated 24 Nov 08.
WAYNE R. GRACIE
Panel Chair
AFBCMR BC-2008-02744
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it
is directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 1 November 2006,
he elected to change his Survivor Benefit Plan (SBP) from "spouse-
only coverage" to "former spouse coverage," based on full retired
pay, naming as the eligible beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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