RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01836
(MEMBER) COUNSEL: NONE
(APPLICANT) HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased former husbands records be corrected to reflect
that he elected former spouse coverage under the Reserve
Component Survivor Benefit Plan (RCSBP), naming herself as the
beneficiary.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her former husband violated their divorce decree by not providing
former spouse coverage under the RCSBP and naming her as the
beneficiary. She received a portion of her deceased former
husbands retirement pay until his death. She believed that he
was in compliance with their divorce decree until the Defense
Finance and Accounting Service (DFAS) notified her that her
entitlements had been discontinued after her former husbands
death.
In support of the appeal, the applicant provides copies of a
Certificate of Death and a Separation Agreement.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member retired on 30 Jun 99. He did not elect
coverage under the RCSBP prior to his retirement at age 60. At
the time of his retirement, he did elect Survivor Benefit Plan
(SBP) coverage for a person with an insurable interest in him.
On 1 Aug 00 he requested to withdraw from SBP. The former member
passed away on 26 Jun 06.
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 B.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS recommends denial. The former member and the applicant were
divorced on 3 Jul 96. The separation agreement and the amended
qualified domestic relations order provided by the applicant are
not enforceable documents to award the applicant an annuity under
the RCSBP or SBP. The divorce decree/court order must
specifically require the member to provide the former spouse
coverage under either program.
Since their separation agreement and amended qualified domestic
relations order did not require the former member to provide SBP
coverage for his former spouse, the applicant is not entitled to
an annuity under the SBP. According to the court order, she was
entitled to 50 percent of his disposable retired pay which she
did receive until his death.
The complete DFAS evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 8 Jul 11 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
_________________________________________________________________
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 an error or injustice. We took
notice of the applicant's 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
(OPR) and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2011-01836 in Executive Session on 19 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 May 11, w/atchs.
Exhibit B. Letter, DFAS, dated 24 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 8 Jul 11.
Panel Chair
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