RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04506
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election for
former spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In Feb 11, he became aware his SBP benefits would go to his
current wife and not his ex-wife. There was no change made in
the system because he was unaware he had to make a change when he
divorced his first wife. His former spouse should be listed as
his beneficiary of his SBP.
He provided certified copies of the appropriate paperwork and a
DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement
for Former Spouse Coverage.
In support of his request, the applicant provides a copy of his
divorce decree, marriage certificate, and a DD Form 2656-1.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Defense Enrollment Eligibility Reporting System (DEERS) records
show the applicant and his former spouse were married on 8 Feb
71, and he elected spouse only SBP coverage based on a reduced
level of retired pay prior to his 1 Jan 89 retirement. There is
no evidence the applicant submitted an election to change spouse
coverage to former spouse coverage within the first year
following their divorce. However, the member did not request
that his former spouse be removed as his SBP spouse beneficiary
and monthly premiums continue to be deducted from his retired
pay. The members SBP information maintained in the retired pay
system continues to reflect his former spouses name and date of
birth as the eligible spouse beneficiary. The applicant and his
current spouse married on 22 Jul 97. By operation of law, his
current spouse became the eligible spouse beneficiary on the
first anniversary of their marriage. DPSIAR cannot confirm if
his former spouse has remarried.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR states it has forwarded this request without a
recommendation because it involves two potential SBP
beneficiaries.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice warranting
corrective action by this Board. After thoroughly reviewing the
evidence of record and noting the applicants contentions, we are
not persuaded that the applicant has sustained his burden of
establishing the existence of either an error or injustice in the
record. Neither the applicant nor his former spouse submitted a
valid election within the one-year period required by law to
establish former spouse coverage. We note, that because neither
party submitted a valid election within the one-year time period,
by operation of law his current spouse became the legal
beneficiary of his SBP. Moreover, only in the most unique of
circumstances would the Board make a ruling in a case that
involves two claimants to a benefit that only one of them can
receive. In this regard, if the applicants current spouse
submits a notarized statement relinquishing her entitlement to
the SBP, we would be willing to reconsider the applicants appeal
in consideration of this evidence. In addition, we would also
need a sworn affidavit from the applicants former spouse stating
that she has not remarried. In view of the foregoing, and 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-2011-04506 in Executive Session on 12 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 15 Dec 11.
Exhibit C. Letter, SAF/MRBR, dated 22 Dec 11.
Panel Chair
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