RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00898
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 Reserve Component Survivor
Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records reflect his current spouse as his RCSBP beneficiary
and it should reflect his former spouse.
In support of his appeal, the applicant provides copies of DD
Form 2656-1, Survivor Benefit Plan (SBP) Election Statement For
Former Souse Coverage, DD Form 2293, Application For Former
Spouse Payments From Retired Pay, his marriage license, Domestic
Relation Order.
Applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married when he was notified of his eligibility
to participate in the RCSBP on 11 Jul 95. He failed to make an
election at that time and was automatically enrolled in Option A,
Decline to make an election until age 60. The parties were
divorced on 7 May 04. A Domestic Relations Qualifying Order
(DRQO) filed on 3 Apr 05 deemed the applicants former spouse as
the beneficiary for the RCSBP. The order was submitted and
received by the Defense Finance and Accounting Service (DFAS)
within the one year period required by law. DFAS notified the
former spouse that they should return to court to have the level
of coverage changed on the DRQO because statute requires the
language to be expressed as either maximum coverage or a specific
dollar amount and not less than $300.00.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends the applicant and former spouse return to
civil court to have paragraph 7 of the DRQO SBP language changed
due to the statute requiring the SBP award be expressed as either
maximum coverage or a specific base amount in a dollar amount not
less than $300.00. The SBP monthly annuity payment at any point
in time is determined by multiplying the designated SBP base
amount by 55 percent. DPP notes once this has been accomplished,
the applicant should forward the information to DFAS to ensure
that the former spouse information will be on file.
The complete ARPC/DPP 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 2 Jul 10, for review and comment within 30 days. 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion of the Air
Force office of primary responsibility and adopt its rationale as
the basis for our conclusion that the applicant has failed to
sustain his burden of proof of the existence of an error or
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a material error or injustice; that
the application was denied without a personal appearance; and that
the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00898 in Executive Session on 5 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Mar 10, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 16 Jun 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10.
Panel Chair
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