RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03122
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:
He submitted an election for former spouse coverage and was told that
since the request had not been submitted within one-year of the
divorce that his former spouse was not eligible for RCSBP. The
attorneys that handled the divorce did not inform them of the
requirement to file for the SBP within one-year following the divorce.
In support of his request, the applicant provides two copies of DD
Form 2656, Data for Payment of Retired Personnel,and a copy of his
divorce decree.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate offices of the Air Force, which are
attached at Exhibit B and D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPTT recommends denial of the applicant’s request. DPTT states
under the provisions of Title 10, United States Code (U.S.C.), Section
1448(b)(3)(A)(iii) participants in the RCSBP who wish to change their
election from spouse to former spouse must do so within one-year from
the date of the divorce. The applicant alleges he was not informed of
the one-year requirement to change his election to former spouse.
However, the instructions for applying for RCSBP and the requirements
of the law are sent to the service members when they reach eligibility
for Reserve retired pay. Service members also can obtain assistance
from the ARPC Contact Center.
The complete AFPC/DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Neither he nor his former spouse knew of the requirement to file for
coverage within one-year following their divorce. This was an honest
mistake. He is relying on the Board to correct this mistake in order
for his former spouse to receive a benefit that she earned during the
29 years he served our country. (Exhibit D).
_________________________________________________________________
AIR FORCE EVALUATION:
SAF/MRB Legal Advisor recommends granting the requested relief. The
Legal Advisor states the applicant’s intentions were clear and
unfortunately many service members and attorneys are not familiar with
the one-year requirement to file for former spouse coverage under the
SBP. Furthermore, the court ordered the coverage and there is not a
competing spouse.
The complete SAF/MRB Legal Advisor evaluation, with attachments, is at
Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
22 Mar 11, 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. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case. We
note the differing opinions from HQ ARPC/DPTT and the SAF/MRB Legal
Advisor; however, we concur with the findings and recommendations of
the SAF/MRB Legal Advisor since the applicant has provided sufficient
evidence reflecting his intent to provide SBP coverage for his former
spouse. We also note the court has ordered the coverage, and there is
no competing spouse. Therefore, we recommend the applicant’s records
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 1 June 2008, he
elected to change his Survivor Benefit Plan (SBP) from "spouse only
coverage" to "former spouse coverage," based on full retired pay,
naming Patricia M. Trader as the eligible beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2010-03122 in Executive Session on 4 May 11, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 10, w/atchs.
Exhibit B. Letter, HQ ARPC/DPTT, dated 2 Feb 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 11 Feb 11.
Exhibit D. Letter, Applicant, dated 2 Mar 11
Exhibit E. Letter, SAF/MRB Legal Advisor, dated 18 Mar 11.
Exhibit F. Letter, AFBCMR, dated 22 Mar 11, w/atch.
Panel Chair
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