RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01785
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouse records be changed to show that he elected
former spouse coverage under the Survivor Benefit Plan (SBP)
program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She and her former spouse were married for over 20 years. It was
her understanding that his attorney was to submit the paperwork
naming her as the SBP beneficiary. Her name is not listed in the
Defense Finance and Accounting System (DFAS) records.
In support of her request, the applicant submits copies of her
Judgment of Absolute Divorce decree and certification.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Apr 87, the parties were married. The former service
member elected spouse and child SBP coverage based on full
retired pay, prior to his 1 Jun 00 retirement. On 29 Jun 06, the
parties divorced and the divorce decree reflects the applicant
receive one-half of the marital portion of the members military
retirement and any other benefits to which she is entitled under
the law; however, does not specifically refer to the SBP.
There is no evidence a valid election to voluntarily change
spouse to former spouse was submitted within the first year
following the divorce as required by law.
SBP premiums continue to be deducted from the former service
members retired pay and the applicants name and date of birth
are erroneously reflected as the eligible spouse beneficiary in
DFAS-Cleveland records.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIAR recommends denial. DPSIDR states there is no
evidence of Air Force error or injustice. DPSIAR notes the
applicants claim that former spouse SBP coverage should have
been established on her behalf is not supported by the language
of the divorce decree. DPSIAR states the applicant has not
provided a Qualified Domestic Relation Order (QDRO) with language
that would entitle her to former spouse SBP coverage. The law
states legal documentation that reflects the member agreed or
that the court ordered the member to establish former spouse
coverage must be provided.
The complete DPSIDR 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 1 Jul 11, for review and comment within 30 days. As of this
date, this office has received no response (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 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 and adopt their
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.
However, if the applicant provides a certified copy of the
Qualified Domestic Relation Order which contains the appropriate
language, we would be willing to reconsider her request.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_______________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 this application in
Executive Session on 22 Feb 12, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-01785:
Exhibit A. DD Form 149, dated 6 May 11, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIAR, dated 17 Jun 11.
Exhibit C. Letter, SAF/MRBR, dated 1 Jul 11.
Panel Chair
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