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AF | BCMR | CY2011 | BC-2011-02580
Original file (BC-2011-02580.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02580 

 

 XXXXXXXXXXX(DEC) COUNSEL: NONE 

 XXXXXXXXXXX HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her former husband’s records be corrected to show he made an 
election for “former spouse” coverage, with immediate coverage 
based on full retired pay under the Reserve Component Survivor 
Benefit Plan (RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She sent in the DD Form 2293, Application for Former Spouse 
Payments from Retired Pay, on 8 Sep 09, 21 days before the 
divorce was granted because the judge would not grant the divorce 
until the annuity was set in place. 

 

She and her husband were under the mindset she would receive half 
of her husband’s annuity. 

 

In support of her request, the applicant provides copies of an 
unsigned DD Form 2293, and their marriage certificate and divorce 
decree. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The former member and the applicant were married on 18 Oct 97, 
and divorced on 29 Sep 09. 

 

On 21 Dec 05, the former member was notified of his eligibility 
for retired pay at age 60 and his eligibility to participate in 
the RCSBP. The election package was sent by certified mail to 
the address on file. He made no election during that time and 
was automatically enrolled in Option C, “Immediate annuity for 
spouse” effective 26 Jul 06. 

 

The former member died on 7 Jan 11, prior to his 60th birthday. 

 

_________________________________________________________________ 

 


 

AIR FORCE EVALUATION: 

 

ARPC/DPTTE recommends denial. DPTTE states the member failed to 
deem an election for former spouse coverage under the RCSBP and 
the divorce decree states that each party’s right to the other’s 
annuities were extinguished. 

 

The applicant states she sent a DD Form 2293 for the annuity 
within a year of their divorce. However, DPTTE states they have 
no record on file reflecting receipt of the DD Form 2293. 

 

The complete DPTTE evaluation, with attachments is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 16 Sep 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit C). 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of 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 and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an 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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 Docket Number 
BC-2011-02580 in Executive Session on 3 Nov 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2011-02580 was considered: 

 

 Exhibit A. DD Form 149, dated 22 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPTEE, dated 29 Aug 11, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11. 

 

 

 

 

 

 Panel Chair 



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