RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04870
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to reflect her former spouse elected
former spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. She did not deem an election for former spouse coverage
because she was not aware of the one year period.
2. Korean is her primary language, not English. However, she
can read and write English but it is very basic.
3. She missed the cutoff date to have deemed an election for
former spouse coverage by three months. There was a
miscommunication; she thought she had one year from the date her
former spouse signed the DD Form 2656-1, Survivor Benefit Plan
(SBP) Election Statement for Former Spouse Coverage to comply,
not one year from the date of the divorce.
In support of her request, the applicant provides copies of a
completed DD Form 2656-1; DD Form 2656-10, Survivor Benefit Plan
(SBP)/Reserve Component (RC) SBP Request for Deemed Election,
Defense Finance and Accounting Service (DFAS) memorandum, and
her divorce decree.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 Feb 88, the applicant and former spouse were married and he
elected spouse only SBP coverage based on a reduced level of
retired pay prior to his 1 Nov 06 retirement. On 30 Mar 10, the
parties divorced and the divorce decree ordered that the
applicant remain the SBP beneficiary.
However, neither party submitted a valid election change during
the first year following the date the divorce was finalized.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR is forwarding the request without a recommendation
because it involves two potential SBP beneficiaries. On
23 Nov 11, the members retired pay account was updated to
remove the applicant as his spouse SBP beneficiary and coverage
and premiums were suspended. Defense Enrollment Eligibility
Reporting System (DEERS) records reflect the member and his
current spouse were married on 25 Apr 10. By law, the members
current spouse became the eligible beneficiary on the first
anniversary of their marriage.
DPSIAR cannot confirm if the applicant has remarried.
The complete DPSIAR 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 13 Jan 12. In addition, copies of the SAF/GCM
memorandum, dated 18 Oct 06 and Air Force evaluation were
forwarded to the applicant, former spouse and current spouse on
3 Jul 12 for review and comment within 30 days. As of this
date, this office has received no response (Exhibit D).
_________________________________________________________________
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 error or injustice. The applicant
has not demonstrated that extraordinary circumstances exist as
required for this Board to grant relief in cases of competing
SBP beneficiaries. We took notice of the applicants complete
submission in judging the merits of the case. While we note the
divorce decree awarded the applicant continued coverage under
SBP, neither she nor the former member made a deemed election
within one year as required by law. Since it appears the former
service members second spouse gained entitlement to the benefit
by operation of law, and there has been no showing of
extraordinary circumstances, we are precluded from granting the
applicant the SBP benefit. However, if the legal beneficiary
submits a notarized statement relinquishing her entitlement to
the SBP, the Board may be willing to reconsider the applicants
appeal. Therefore in view of the above 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-2011-04870 in Executive Session on 21 Sep 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Nov 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 3 Jan 12.
Exhibit C. Letter, SAF/MRBR, dated 13 Jan 12.
Exhibit D. Letter, SAF/MRBC, dated 3 Jul 12, w/atchs.
Panel Chair
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