RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00221
INDEX CODE: 137.04
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show that he was not married at the
time he retired from the Air Force; and, to allow him to elect
spouse coverage for his current wife under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He submitted paperwork twice to add his wife to the SBP; however,
his requests were denied because there was no record of his
divorce documents from his previous marriage.
In support of his appeal, the applicant provides copies of his
divorce documents and his marriage certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the Military Personnel Data System, the applicant
served in the Regular Air Force with a Pay Date of 6 February
1980. He was promoted to the grade of technical sergeant (E-6)
effective and with a date of rank of 25 September 1998. The
applicant was honorably released from active duty effective
31 March 2000 and retired on 1 April 2000.
The remaining relevant facts are contained in the letter prepared
by the Air Force office of primary responsibility (OPR) at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends correcting the applicants record to show
he had no eligible spouse beneficiary and declined SBP coverage
effective 1 April 2000. In addition, his record be further
corrected to show that he submitted a valid election for spouse
only coverage based on full retired pay on 14 April 2001 naming
his current spouse as the eligible spouse beneficiary. Approval
should be contingent upon recoupment of all applicable premiums.
DPSIAR states the Defense Finance and Accounting Service (DFAS)
did not receive a valid SBP election from the applicant to
decline coverage prior to his 1 April 2000 retirement; therefore,
they established full spouse and child coverage to comply with
the law. However, the Defense Enrollment Eligibility Reporting
System (DEERS) records show the applicant was not married when he
retired, but had eligible children. The applicant married his
current wife on 15 April 2000. Monthly premiums were deducted
from his retired pay since his retirement date until August 2009,
when the finance center processed his request to add his current
wife to SBP and when he provided his 13 January 1989 divorce
decree. Overpaid premiums, subject to the six-year statute of
limitations, were refunded.
DPSIAR indicates that they can neither confirm nor deny the
applicants claim that he submitted paperwork twice to add his
current wife to the SBP because the DFAS records contain no
evidence of his alleged notices. However, since SBP spouse
premiums were deducted from his retired pay for over nine years,
to include the years he was married to his current wife, it is
reasonable to presume he intended to provide SBP protection for
his current wife.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 12 March 2010 for review and response within 30 days (Exhibit
C). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After
thoroughly reviewing the evidence in this case, we are persuaded
it was the applicants intent to provide his current spouse with
an SBP annuity. In this respect, we agree with the Air Force
office of primary responsibility in that since premiums were
deducted from the applicants retired pay for over nine years to
include the years he was married to his current spouse; and, in
an attempt to preclude a possible injustice, we believe the
requested relief should be granted. Accordingly, we recommend
the members 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:
a. He declined SBP coverage effective 1 April 2000.
b. On 14 April 2001, he elected spouse only SBP coverage
based on full retired pay naming XXXXXXXXXXXXXXXX as the
eligible spouse beneficiary.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 15 September 2010, under the provisions of
AFI 36-2603:
XXXXXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXXXX, Member
All members voted to correct the record as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2010-
00221 was considered:
Exhibit A. DD Form 149, dated 9 Nov 09, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 22 Feb 10.
Exhibit C. Letter, SAF/MRBR, dated 12 Mar 10.
XXXXXXXXXXXXXXXXXXXX
Panel Chair
AF | BCMR | CY2010 | BC-2010-02880
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02880 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased former spouses record be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ STATEMENT OF FACTS: The decedent and the applicant were...
AF | BCMR | CY2012 | BC-2012-01351
DPSIDAR states that there is no evidence of Air Force error in this case; however, in the absence of 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 APPLICANT as the former spouse beneficiary, effective 11 January 2005. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...
AF | BCMR | CY2010 | BC-2010-02857
Neither party submitted a valid election change during the required time limit following their divorce. The complete SAF/MRB Legal Advisors evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicants counsel states that paragraph 13; page 20 of the divorce decree shows the deceased member acknowledged his obligation by submitting this as an election for SBP for his spouse. ...
AF | BCMR | CY2008 | BC-2008-02601
He requested his former spouse be removed from SBP and stated that his current spouse wished to waive her right to SBP coverage. The finance center received his notification of divorce in Oct 95 and SBP spouse coverage and premiums were suspended. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a notarized statement from his current spouse waiving her right to SBP spouse coverage dated 15 Sep 08 (Exhibit D).
AF | BCMR | CY2012 | BC-2012-03655
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03655 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he made a timely election for former spouse and child coverage under the Survivor Benefit Plan (SBP). However, there was no evidence that either the applicant or the former spouse made an election to change spouse...
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...
The member and his current spouse married on 17 February 1996, but he failed to advise the finance center that he did not want to extend SBP coverage to his new wife before the first anniversary of their marriage (17 February 1997). A complete copy of the evaluation, with attachments, is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 March...
AF | BCMR | CY2012 | BC-2012-01043
We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate...
AF | BCMR | CY2011 | BC-2011-04506
He provided certified copies of the appropriate paperwork and a DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. By operation of law, his current spouse became the eligible spouse beneficiary on the first anniversary of their marriage. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR states it has forwarded this request without a recommendation because it involves two potential SBP beneficiaries.
AF | BCMR | CY2010 | BC-2010-04512
We took notice of the applicants complete submission in judging the merits of the case, however; we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04512 in Executive Session on 4 Aug...