RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04245
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).
_______________________________________________________________
APPLICANT CONTENDS THAT:
He did not realize a new election was required and has
continued to pay SBP premiums since his divorce.
In support of his request, the applicant provides a copy of his
divorce decree and a DD Form 2656-1, Survivor Benefit Plan,
Election Statement for Former Spouse Coverage, dated 20 Oct 11.
The applicant's complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant was married on 25 Nov 69. He elected spouse only
SBP coverage based on full retired pay prior to his 1 Aug
91 retirement. The parties divorced on 5 Nov 03, and the
divorce decree ordered the applicant to designate his former
spouse as the beneficiary under the SBP. There is no evidence
either party submitted a valid election to change spouse to
former spouse coverage within the first year following their
divorce as the law requires. SBP premiums continue to be
deducted from the applicant's retired pay and DFAS-CL records
continue to erroneously reflect his former spouse's name and
date of birth (28 Oct 38) as the eligible spouse beneficiary.
Neither party has remarried and, accordingly, there is no
competing claimant.
_______________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIAR reviewed this application and states there is no
evidence of Air Force error; however, to preclude an
injustice, they recommend the applicant's record be corrected
to reflect that on 6 Nov 03, he submitted a valid election for
former spouse coverage based on full retired pay, naming his
former spouse as the eligible beneficiary. Approval should be
contingent upon recoupment of any applicable premiums.
The complete DPSIAR evaluation is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 Dec 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 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. There is no
evidence of Air Force error; however, to preclude an injustice,
we agree with AFPC/DPSIARs recommendation that the applicants
records should be corrected to reflect that he made a valid
election based on full retired pay, naming his former spouse as
the eligible beneficiary. Accordingly, we recommend the
applicants records be corrected as set forth 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 6 Nov
03, he elected former spouse coverage under the survivor
benefit plan (SBP), based on full retired pay, naming his
former spouse as the eligible beneficiary.
_______________________________________________________________
The following members of the Board considered this application
in Executive Session on 16 Feb 12, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The Board voted to correct the record as recommended. The
following documentary evidence pertaining to Docket Number BC-
2011-04245 was considered:
Exhibit A. DD Form 149, dated 18 Oct 11, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIAR dated 6 Dec 11.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 11.
Panel Chair
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