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AF | BCMR | CY2009 | BC-2008-02744
Original file (BC-2008-02744.doc) Auto-classification: Approved

                            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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