RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04761
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) election be changed to former
spouse.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Somehow his election was changed and he does not know how it
happened. However, his election should be changed because his
former spouse is required to receive SBP based on the divorce
decree.
In support of his appeal, the applicant provides a copy of his
divorce decree.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant and his former spouse married on 31 Dec 82;
however, he elected child only SBP coverage based on full
retired pay prior to his 1 Oct 86 retirement and she concurred
in his election. The parties divorced on 28 Apr 94. On
18 Aug 95, the court in its further judgment on reserved issues
after bifurcation stated that in the event the applicant is
eligible to participate in the SBP, he shall elect to make his
former spouse the beneficiary of his SBP annuity within one year
after the date of the subsequent order. Unfortunately, the
language of the Aug 95 order is unenforceable. The youngest
child lost eligibility due to age in Jun 01.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial, stating, in part, there is no
evidence of Air Force error or injustice in this case, or any
basis in law to grant relief.
The applicant had an opportunity prior to his retirement to
elect survivor protection for his former spouse, but he did not.
After his divorce, the applicant could have elected former
spouse SBP coverage on her behalf during the 99-00 and 05-06
open enrollment periods, but he failed to do so. SBP is similar
to commercial life insurance in that an individual must elect to
participate and pay the associated premiums in order to have
coverage. Since spouse SBP coverage was not established at the
time of the member's retirement, former spouse coverage is not
authorized.
The complete AFPC/DPSIAR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Feb 11 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's 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 and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-04761 in Executive Session on 2 August 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 2 Feb 11.
Exhibit C. Letter, SAF/MRBR, dated 25 Feb 11.
Panel Chair
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