ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04726
COUNSEL: NONE
(FORMER SERVICE MEMBER)
HEARING DESIRED: NO
(APPLICANT)
APPLICANT REQUESTS THAT:
The former service members records be corrected to reflect he
made a timely election for former spouse coverage.
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
21 Sep 12. The Board found there was no evidence showing a deemed
election was submitted within one year following their divorce and
the current spouse became the eligible beneficiary by operation of
law. There was no evidence showing that extraordinary
circumstances existed to warrant granting relief without
confirming there was not a competing spouse. The Board further
noted it would only consider favorable action on the request if
the current spouse provided notarized consent relinquishing her
entitlement to the benefit. For an accounting of the facts and
circumstances surrounding his request, and the rationale for the
earlier decision by the Board, see the Record of Proceedings, with
attachments, at Exhibit F.
The applicant (former spouse) is now requesting reconsideration
for former spouse coverage based on a Mediated Settlement
Agreement, which included a DD Form 2656, from the former service
members current spouse indicating she was not interested in being
the designated eligible spouse regarding the SBP (Exhibit G).
On 12 Aug 14, SAF/MRBR notified the former service member that he
needed to complete a signed notarized retiree affidavit, his
current spouse needed to complete a signed notarized release of
benefits affidavit, and his former needed to complete a signed
notarized marital status affidavit (Exhibit H).
On 5 Sep 14, the former service member provided the signed
notarized retiree affidavit and his current spouses signed
notarized release of benefits affidavit (Exhibit I).
On 19 Nov 14, the applicant provided a signed notarized marital
status affidavit. The former service member also provided a
statement requesting his former spouse be deemed his beneficiary
under the SBP (Exhibit J).
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined that there was
insufficient evidence to warrant any corrective action due to the
potential of a competing beneficiary. However, the service
member, his current spouse, and the former spouse (applicant) have
all provided notarized statements that are sufficient for us to
conclude that there is not a competing beneficiary that would
preclude this Board from recommending correction of the service
members records to reflect he made a proper and timely election
for former spouse coverage. Therefore, while there is no evidence
of an error on the part of the Air Force, we believe the evidence
is sufficient to conclude the applicant is the victim of an
injustice. Moreover, the court has ordered the coverage, and
there is no competing spouse. Therefore, we recommend the former
service members records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the FORMER SERVICE MEMBER be corrected to show that on
31 August 2004, he elected former spouse coverage under the
Survivor Benefit Plan (SBP) based on full retired pay, naming
APPLICANT as the former spouse beneficiary.
The following members of the Board considered AFBCMR Docket Number
BC-2011-04726 in Executive Session on 17 Feb 15 under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2011-04726 was considered:
Exhibit F. Record of Proceedings, dated 21 Sep 12,
w/Exhibits.
Exhibit G. Letter, Applicant, dated 6 May 14, w/atchs.
Exhibit H. Letter, SAF/MRBR, dated 12 Aug 14, w/atchs.
Exhibit I. Letter, Former Service Member, dated 5 Sep 14,
w/atchs.
Exhibit J. Letter, Applicant, dated 19 Nov 14, w/atchs.
AF | BCMR | CY2013 | BC 2013 05896
Also, there is no evidence DFAS received a request from the applicant deeming a SBP election during the first year following the divorce. Subsequently, on 14 September 2012, a second DD Form 2656-10 was forwarded to DFAS; however, DFAS did not honor the applicants request because the 16 June 2011 court order was dated after the members retirement date. The member elected SBP coverage for his former spouse a month prior to establishing SBP coverage for his current spouse.
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Accordingly, we find the evidence presented sufficient to correct the record to show that on 31 Oct 99, (the date he completed 20 years of satisfactory service) the service member elected former spouse coverage under the RCSBP based on full retired pay, naming the APPLICANT as the former spouse beneficiary. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the SERVICE...
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There is no evidence that either party submitted an election to change spouse coverage to former spouse coverage within the first year following their divorce. The evidence of record reflects that as a part of the divorce settlement the court ordered the applicant to elect former spouse coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force...
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