RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00291
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouses record be changed to show he elected spouse
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her former husband never filed the paperwork to show the date of
divorce or, if he did, it never was processed.
In support of her request, the applicant provides a copy of the
service-members DD Form 214, Certificate of Release or Discharge
from Active Duty, a copy of the divorce decree, a deed, a deed of
trust to secure assumption, and a special warranty deed.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
AFPC/DPSIAR states the service member and the applicant were
married on 14 March 1970 and he elected spouse only SBP coverage
based on a reduced level of retired pay prior to his 1 November
1990 retirement, and the applicant concurred in the election.
The service member and the applicant divorced on 24 February
1999.
The service member died on 4 December 2009.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. DPSIAR states despite the
decedents failure to submit a valid former spouse election
change, he did not request coverage for the applicant to be
terminated following their divorce, indicative of his intent for
her to remain eligible for his SBP. To deny the applicants
request would deny her an asset she was awarded by the court.
There is no Air Force error and the case is absent a competing
claimant.
The DPSIAR complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 April 2010, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit D). 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. AFPC/DPSIAR has
provided an evaluation which states the decedent and the
applicant were married and he elected spouse only SBP coverage.
The decedent did not request coverage for the applicant to be
terminated following their divorce, indicative of his intent for
her to remain eligible for his SBP. Therefore, we agree with the
opinion and recommendation of AFPC/DPSIAR and believe the
decedents records should 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 25 February
1999, he elected former spouse coverage under the Survivor
Benefit Plan (SBP) based on a reduced level of retired pay,
naming XXXXX as spouse beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00291 in Executive Session on 10 August 2010,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00291 was considered:
Exhibit A. DD Form 149, dated 12 January 2010, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 22 March 2010.
Exhibit C. Letter, SAF/MRBR, dated 23 April 2010.
Panel ChairAF | BCMR | CY2012 | BC-2012-02598
There is no evidence of Air Force error in this case; however, absent a competing claimant and to prevent a possible injustice, DPSIAR recommends the member's record be corrected to reflect he elected former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made...
AF | BCMR | CY2012 | BC 2012 02598
There is no evidence of Air Force error in this case; however, absent a competing claimant and to prevent a possible injustice, DPSIAR recommends the member's record be corrected to reflect he elected former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made...
AF | BCMR | CY2011 | BC-2011-02150
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02150 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former spouses record be changed to show he elected former spouse coverage under the Survivor Benefit Plan (SBP). They divorced on 27 May 1992. The Board has been advised that it can consider cases involving potential claims by more than one...
AF | BCMR | CY2010 | BC-2010-00093
_________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his retirement from the Air Force, her former husband designated her as the beneficiary to receive all final payments and monies owned him upon his death. The complete BCMR Legal Advisors evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the BCMR Legal Advisors...
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 | CY2012 | BC-2012-01544
Based on the available evidence of record and the applicants submission, it appears the decedent and the applicant were married in Feb 09. Subsequent to the divorce of his first spouse, a deemed election for former spouse coverage was submitted to DFAS and accepted in accordance with the divorce decree and the governing law. Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12.
AF | BCMR | CY2010 | BC-2010-04295
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04295 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to benefits under the Survivor Benefit Plan (SBP). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIAR did not provide a recommendation. The complete AFRBA Legal Advisor...
AF | BCMR | CY2012 | BC 2012 02752
The member did not request coverage for his former spouse be terminated and the fact that SBP premiums were deducted from his retired pay for over three years following their divorce are indicative of his intent to maintain the applicant as the eligible SBP beneficiary. There is no evidence of Air Force error in this case and absent a competing claimant, DPSIAR recommends the member's record be corrected to reflect on 10 Apr 2009, he elected to change SBP spouse to former spouse coverage...
AF | BCMR | CY2011 | BC-2011-02121
The SAF/MRB Legal Advisors complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the current spouse of her deceased former spouse never spent a day with him during his military career but is reaping the benefits that she earned. She is being denied SBP because of a mistake DFAS and the Air Force has made by not upholding Air Force regulation (if you are married to a military...
AF | BCMR | CY2011 | BC-2011-04376
________________________________________________________________ APPLICANT CONTENDS THAT: Upon his retirement from the Air Force, the decedent was divorced from his previous spouse and elected child only SBP coverage. Title 10, USC Section 1448(a)(3)(A), permits a member, who is not married at the time of retirement and who later marries, to provide SBP spouse coverage within the first year of marriage. ________________________________________________________________ The following members...