RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01771
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he elected former spouse coverage
under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not make an election at the time he remarried on
13 September 2006.
In support of his request, the applicant submits a copy of his
divorce decree and marriage license.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant and his former spouse were married on 5 September
1959 and he elected spouse and child SBP coverage based on full
retired pay prior to his 1 March 1983 retirement. They divorced
on 8 May 2006.
The applicant married his second spouse on 13 September 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends denial. DPSIAR states the applicant
married his first spouse in 1959 and his youngest child lost
eligibility in July 1998 due to age. Their divorce decree
ordered that the former spouse be designated as the former spouse
beneficiary to the SBP; however, there is no evidence either
party submitted a valid former spouse election within the first
year following their divorce as the law requires.
The applicant married his second spouse on 13 September 2006, but
did not notify the Defense Finance and Accounting Service
Cleveland Center (DFAS-CL) of the change in his marital status or
request that spouse coverage be established on her behalf.
DFAS-CLs record erroneously reflect his former spouses name and
date of birth (28 May 1934) as the eligible spouse beneficiary
and premiums continue to be deducted from the applicants retired
pay.
The DPSIAR complete evaluation, with attachment, is at Exhibit B.
On 25 January 2012, the applicant was provided advisories
(Exhibit C) prepared by the SAF/MRB Legal Advisor and SAF/GCM on
similar cases considered by the Board. The Board has been
advised that it should not consider cases involving disputed
claims unless a court of competent jurisdiction has ruled in the
case or pushes the AFBCMR to make a determination in the case.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants current spouse states that the applicants former
spouse is entitled to any SBP coverage and provides a notarized
statement.
The applicants complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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 injustice. We note the
applicants current spouse has provided a notarized statement
relinquishing her entitlement to the SBP and we are satisfied
that she understands and accepts her husbands decision to cover
his former spouse. In view of the foregoing, we recommend the
applicants records be corrected as 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 9 May 2006, he
elected former spouse coverage under the Survivor Benefit Plan
(SBP) based on full retired pay, naming XXXXX as the former spouse
beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01771 in Executive Session on 6 March 2012, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2011-01771 was considered:
Exhibit A. DD Form 149, dated 12 May 2011, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 8 June 2011, w/atchs.
Exhibit C. Letters, SAF/GCM, dated 18 October 2006 and
SAF/MRB dated 27 January 2009.
Exhibit D. Letter, AFBCMR, dated 25 January 2012.
Exhibit E. Letter, Current Spouse, not dated, w/atch.
AF | BCMR | CY2011 | BC-2011-03077
There is no evidence the applicant submitted a valid election to voluntarily change spouse to former spouse SBP coverage within the first year following their divorce as the law requires. On 25 May 11, a modification of the applicants Dissolution of Marriage order was filed, instructing him to make his former spouse the sole and irrevocable beneficiary of his SBP annuity. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR indicates that...
AF | BCMR | CY2010 | BC-2010-02019
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02019 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). A copy of the SAF/MRB evaluation is at Exhibit...
AF | BCMR | CY2011 | BC-2011-02121
The SAF/MRB Legal Advisors complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the current spouse of her deceased former spouse never spent a day with him during his military career but is reaping the benefits that she earned. She is being denied SBP because of a mistake DFAS and the Air Force has made by not upholding Air Force regulation (if you are married to a military...
AF | BCMR | CY2010 | BC-2010-02160
In support of his request, the applicant submits copies of his divorce decree, marriage certificate, DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, DD Form 2894, Designation of Beneficiary Information, retired account statements and letters to and from the Defense Finance and Accounting Service (DFAS). He sees no extraordinary circumstances that would support not enforcing the deemed election requirement given the fact correcting the record in...
AF | BCMR | CY2010 | BC-2010-02857
Neither party submitted a valid election change during the required time limit following their divorce. The complete SAF/MRB Legal Advisors evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicants counsel states that paragraph 13; page 20 of the divorce decree shows the deceased member acknowledged his obligation by submitting this as an election for SBP for his spouse. ...
AF | BCMR | CY2011 | BC-2011-04372
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...
AF | BCMR | CY2010 | BC-2009-02738
Since the period of time allowed by law to make a deemed election for former spouse coverage has already passed, the only way the Board can grant the applicant’s request to change the record is if he were to provide a notarized statement from his current spouse relinquishing her entitlement to the SBP. Exhibit C. Letter, SAF/MRB Legal Advisor, dated 29 Jan 10. Exhibit D. Letter, AFBCMR, dated 29 Jan 10, w/atchs.
AF | BCMR | CY2011 | BC-2011-03169
On 26 March 2012, the applicant was provided an advisory (Exhibit C) prepared by SAF/GCM on similar cases considered by the Board. The Board has been advised that it can consider cases involving potential claims by more than one spouse or former spouse if there is evidence that the member or former spouse timely notified the Government within one year after the divorce was final, or if there are extraordinary circumstances that would justify correction of the record. We took notice of the...
AF | BCMR | CY2011 | BC-2010-03013
There is no evidence the service member or the applicant submitted a request for former spouse coverage within one year following their divorce. The complete SAF/MRB Legal Advisor evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant requests the Board honor the divorce decree that deemed her the beneficiary under the SBP. While we do not take issue with the applicant’s...
AF | BCMR | CY2011 | BC-2011-02150
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02150 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former spouses record be changed to show he elected former spouse coverage under the Survivor Benefit Plan (SBP). They divorced on 27 May 1992. The Board has been advised that it can consider cases involving potential claims by more than one...