RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00700
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands records be corrected to reflect that he made
an election for spouse coverage with immediate coverage based on
full retired pay under the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. She was married to her deceased husband for most of his
military career. His intentions then and at the time of their
divorce were for her to remain the beneficiary of his RCSBP.
2. She was never advised her divorce had to be reported within a
year, never received any correspondence and was still married to
her deceased spouse when he retired. In addition, she was
granted benefits in the divorce.
In support of her request, the applicant provides a copy of the
service members death certificate and divorce decree.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Jul 84, the deceased member and the applicant were
married.
On 4 Apr 03, the deceased member was notified of his eligibility
to participate in the RCSBP and on 3 Jul 03, he elected Option
C, Immediate Annuity for Spouse and Children.
On 11 Jul 09, the deceased member and applicant were divorced.
The divorce awarded the former spouse coverage under the RCSBP.
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:
HQ ARPC/DPTT recommends denial. DPTT states the deceased member
did not request to change his RCSBP coverage within one year of
his divorce from spouse to former spouse as required by law
Title 10, U.S.C., Section 1448. However, because he was
eligible for retired pay at age 60, the applicant is eligible
for an ID card, Base Exchange and commissary privileges. In
addition, she is eligible to apply for medical and dental
benefits through the TRICARE program.
The complete DPTT evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Mar 11, a copy of the Air Force evaluation was forwarded
to the applicant, 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant contends she was never advised her divorce had to be
reported within a year, never received any correspondence and
was still married to her deceased spouse when he retired. After
a thorough review of the evidence presented, we believe the
applicant has suffered an injustice and corrective action is
warranted. In this respect, we find it highly unlikely she
would knowingly forgo her entitlement to this important benefit.
Therefore, it is our opinion that the former spouse should
receive the immediate SBP annuity at the full level of retired
pay. In view of the circumstances of this case and in an effort
to remove any possibility of an injustice to the applicant, we
recommend the decedents records be corrected as indicated
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the deceased service member be corrected to
show that on 11 Jul 09, he elected full and immediate coverage
for former spouse only (Option CA) under the Reserve Component
Survivor Benefit Plan naming XXXXXXXXX as the eligible former
spouse beneficiary.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00700 in Executive Session on 22 Sep 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 24 Jan 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ ARPC/DPTT, Letter, 15 Mar 11, w/atchs.
Exhibit D. SAF/MRBR, Letter, dated 25 Mar 11.
Panel Chair
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