RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00136
INDEX CODE: 137.04
COUNSEL: XXX
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
The former members records be corrected to show he made an
election for former-spouse coverage based on a reduced level of
retired pay under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
A copy of the divorce decree was mailed to Defense Finance and
Accounting Service (DFAS) in 1990. The divorce decree awards her
SBP coverage.
In support of her request, the applicant provides a copy of her
divorce decree and the former members death certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member and the applicant were married on 6 February
1953 and divorced on 3 October 1990. The divorce decree ordered
the former member to continue SBP on the applicants behalf.
There is no evidence that either party submitted a valid election
change during the first year following the date the divorce was
finalized.
The former member remarried on 18 December 1995 and divorced on
24 October 2000. However, he did not notify DFAS of the change
of his marital status or submit a valid election to change spouse
to former spouse coverage during the required timeframe following
the divorce.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval of the applicants request.
DPSIAR states the former members record should be corrected to
reflect that on 4 October 1990, he submitted a valid election for
former spouse coverage based on the previous reduced level of
retired pay, naming the applicant as the eligible beneficiary.
Approval should be contingent upon recovery of any applicable
premiums.
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 5 March 2010, for review and comment within 30 days. As of
this date, no response has been received by this office. (Exhibit
D).
_________________________________________________________________
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 error or injustice. After
thoroughly reviewing the circumstances of this case, we believe
the applicant should be awarded benefits under the Survivor
Benefit Program. In that regard, we note the controlling divorce
decree ordered that certain survivor benefits remain vested in
the applicant. Therefore, we recommend the deceased members
records be corrected as 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 4 October
1990, he elected to change his SBP election from "spouse"
coverage to "former spouse coverage" based on the previous
reduced level of retired pay, naming XXX as the
eligible beneficiary.
_______________________________________________________________
The following members of the Board considered Docket Number BC-
2010-00136 in Executive Session on 20 April 2010, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jan 10, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIAR, dated 19 Feb 10
Exhibit C. Letter, SAF/MRBR, dated 5 Mar 10.
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