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AF | BCMR | CY2012 | BC-2012-00128
Original file (BC-2012-00128.pdf) Auto-classification: Approved
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-00128 
COUNSEL: NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
    
    
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her  former  spouse’s  records  be  corrected  to  show  he  made  a 
timely  election  for  former  spouse  coverage  under  the  Survivor 
Benefit Plan (SBP). 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
Her former spouse did not take all necessary actions to change 
SBP  coverage  to  name  her  as  the  former  spouse  beneficiary 
following their divorce.  He did not abide by the court order 
and did not inform her of the requirement. 
 
In  support  of  her  request  the  applicant  provides  a  personal 
statement  and  a  copy  of  the  Final  Judgment  of  Dissolution  of 
Marriage and Conveyance of Real Property.  
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_______________________________________________________________ 
 
STATEMENT OF FACTS: 
 
According to the information provided by the Air Force office 
of  primary  responsibility,  the  member  and  the  applicant  were 
married on 22 Dec 1978.  He elected spouse and child coverage 
based  on  a  reduced  level  of  retired  pay  prior  to  his  1  Sep 
2001 retirement.  Their divorce was finalized on 30 May 2007.  
The  divorce  decree  ordered  the  member  to  take  all  necessary 
actions  to  change  the  applicant  to  a  "former  spouse 
beneficiary.”    Neither  party  submitted  a  valid  election  for 
former  spouse  coverage  within  the  first  year  as  required  by 
law.    The  Defense  Enrollment  Eligibility  Reporting  System 
(DEERS)  records  show  the  member  remarried  on  16  Oct  2009; 
however,  there  is  no  evidence  he  requested  she  become  the 
eligible  spouse  beneficiary  and  the  marriage  terminated  on 
15 Feb  2011.    The  youngest  child  lost  eligibility  in  Sep 
2011 due  to  age.    Premiums  continued  to  be  deducted  from  the 
member's retired pay until Oct 2011, when DFAS-CL retroactively 
suspended  spouse  coverage  and  issued  the  member  a  refund  of 
overpaid premiums. 
 

 

 

A  person's  eligibility  to  receive  a  spouse  SBP  annuity 
terminates  upon  divorce.  However,  the  law  provides  two 
mechanisms  for  changing  spouse  coverage  to  former  spouse 
coverage.    Both  must  be  exercised  within  the  first  year 
following divorce: (1) the retiree may file an election change, 
or (2) the former spouse may request the retiree be deemed to 
have made such a change on his or her behalf.  In the latter 
case,  the  former  spouse  must  provide  legal  documentation  the 
member  agreed,  or  the  court  ordered  the  member,  to  establish 
former spouse coverage.  If neither the member nor the former 
spouse  requests  the  election  change  during  the  one  year 
eligibility  period,  former  spouse  coverage  may  not  be 
established thereafter.  Even though a member fails to notify 
the  Defense  Finance  and  Accounting  Service-Cleveland  Center 
(DFAS-CL)  of  the  divorce  and  continues  to  pay  SBP  premiums 
afterwards,  the  former  spouse  is  not  eligible  for  annuity 
payments upon the member's death. 
 
_______________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ AFPC/DPSIAR recommends approval.  DPSIAR states there is no 
evidence  of  Air  Force  error  in  this  case;  however,  in  the 
interest  of  justice  and  absent  a  competing  claimant,  DPSIAR 
recommends the member's record be corrected to show he elected 
SBP former spouse coverage based on the previous reduced level 
of retired pay effective 31 May 2007, naming his former spouse 
as beneficiary.  Approval should be contingent upon recovery of 
appropriate retroactive costs. 
 
The complete DPSIAR evaluation is at Exhibit B. 
 
_______________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
On 8 Mar 2012, a copy of the Air Force evaluation was forwarded 
to the member for review and comment within 30 days.  To date, 
a response has not been received (Exhibit C). 
 
_______________________________________________________________ 
 

 

2

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/DPSIAR’s  recommendation  that  the  member’s 
records  should  be  corrected  to  reflect  that  he  made  a  valid 
election  based  on  the  reduced  level  of  retired  pay  effective 
31 May  2007,  naming  his  former  spouse  as  the  eligible 
beneficiary.  Accordingly, we recommend the applicant’s 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 
31 May  2007,  he  elected  former  spouse  coverage  under  the 
survivor  benefit  plan  (SBP),  based  on  a  reduced  level  of 
retired  pay,  naming  his  former  spouse  as  the  eligible 
beneficiary.  Approval should be contingent upon the recovery 
of applicable premiums. 
 
_______________________________________________________________ 
 
The following members of the Board considered this application in 
Executive Session on 25 Oct 2012, under the provisions of AFI 36-
2603: 
 
 
 
 
 
 
The following documentary evidence was considered in AFBCMR BC-
2012-00128: 
 
    Exhibit A.  DD Form 149, dated 9 Jan 2012, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSIAR, dated 24 Feb 2012. 
    Exhibit C.  Letter, SAF/MRBR, dated 8 Mar 2012. 
 
 
 
 
 
 
 

 Panel Chair 
 Member 
 Member 

 
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

 

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