AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

  

DOCKET NUMBER:  BC-2012-00140 
 
COUNSEL:    
HEARING DESIRED:  YES 

 
 
IN THE MATTER OF: 
   
 
 
   
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His records be corrected to reflect he elected his former spouse 
as beneficiary of his Survivor Benefit Program (SBP) based upon 
full retirement pay. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His  initial  SBP  coverage  was  at  the  maximum  level,  but  was 
adjusted  to  a  reduced  amount  without  his  consent.    As  soon  as 
his SBP was adjusted to the reduced level four months after his 
retirement,  he  requested  that  Defense  Finance  and  Accounting 
Service  (DFAS)  change  it  back  to  the  maximum  level.    On 
14 Oct 11,  the  Court  entered  an  order  clarifying  the  issue  of 
who would pay for the coverage and ordering the coverage to stay 
at the maximum level.  
 
In  support  of  his  request,  the  applicant  provides  certified 
copies of his final divorce decree and clarification order from 
the court. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The relevant facts pertaining to this application are contained 
in  the  letter  prepared  by  the  Air  Force  office  of  primary 
responsibility, which is attached at Exhibit C. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ  AFPC/DPSIAR  recommends  approval,  contingent  upon  recoupment 
of all applicable premiums.  Air Force policy requires the local 
SBP  counselor  to  provide  a  one-on-one  briefing  to  all  retiring 
members  and  their  spouses  prior  to  the  effective  date  of  the 

member’s  retirement.    These  briefings  provide  detailed 
information on the options and effects of the SBP, including an 
estimate  of  the  costs  and  annuity  values  determined  by  several 
“base amount” options.  The base amount for SBP coverage may be 
any dollar amount between the minimum ($300) and maximum (gross 
retired  pay  level)  levels  of  coverage.    Public  Law  99-145 
required  the  spouse  of  a  married  member  to  concur  in  any  SBP 
election  that  does  not  provide  the  maximum  level  of  protection 
for the spouse, unless the member elects former spouse (FS-SBP).   
 
The  applicant  and  his  former  spouse  were  married  on    ,  and 
divorced on  .  The court ordered the applicant to provide SBP 
coverage  on  the  former  spouse’s  behalf,  but  did  not  specify  a 
base  amount  of  coverage.    The  member  retired  effective  11  Jun 
11,  and  at  the  time  of  his  retirement  had  remarried  and  was 
properly  briefed  by  the  SBP  counselor  on  14  Jan  11.  
Notwithstanding the applicant’s statement, the official copy of 
his  DD  Form  2656,  Data  for  Payment  of  Retired  Personnel, 
maintained at the Air Force Personnel Center (AFPC) reflects he 
initiated  his  election  option  selecting  former  spouse  coverage 
and  he  wrote  “300”  as  his  desired  base  amount.    On  16  Oct  11, 
the  court  issued  an  order  clarifying  a  prior  order,  but  that 
document fails to state that “maximum” or “gross retired pay” be 
established as the base amount.  
 
During the summer months, when many members are retiring, DFAS-
Cleveland  (DFAS-CL)  regularly  establishes  SBP  spouse  coverage 
for  these  new  accounts  at  the  maximum  level  (“automatic”)  vice 
reviewing the DD Forms 2656.  Historical entries from the DFAS-
CL retired pay system reflect that on 12 Oct 11, the applicant’s 
SBP  coverage  was  changed  from  spouse  coverage  based  on  full 
retired pay to FS-SBP coverage based on $300.  In addition, the 
member  received  a  refund  of  SBP  premiums  ($1,247).    Effective 
1 Dec  11,  the  monthly  costs  are  $7.77  (gross,  before  Federal 
Income Tax).  Had the applicant elected the maximum level of SBP 
coverage,  the  monthly  premiums  would  be  approximately  $523  and 
the annuity amount would be $4,400.  While there is no evidence 
of  Air  Force  error  or  injustice  in  this  case,  and  no  clear 
indication  from  the  court  as  to  the  intended  base  amount,  to 
deny the member’s request would be to deny the former spouse an 
asset the court seems to award her.  
 
The complete HQ AFPC/DPSIAR evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant on 8 Mar 12 for review and comment within 30 days.  As 
of  this  date,  no  response  has  been  received  by  this  office 
(Exhibit D). 
 
________________________________________________________________ 
 

 
2 

THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The application was timely filed. 
 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of an injustice.  We took notice of the 
applicant's complete submission in judging the merits of the case 
and  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 relief should be granted.  Although 
we  find  no  evidence  of  an  error  on  the  part  of  the  Air  Force, 
based upon the direction in two court orders and the applicant’s 
stated intent, we believe his former spouse should be designated 
as  the  eligible  beneficiary  for  his  SBP  annuity  based  on  full 
retired  pay.    Therefore,  we  believe  the  applicant’s  records 
should be corrected as indicated below. 

 4.  The applicant’s case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore,  the  request  for  a  hearing  is  not  favorably 
considered. 
 
________________________________________________________________ 
 
THE BOARD RECOMMENDS THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force  relating  to  the  APPLICANT  be  corrected  to  show  that  on 
24 January  2011,  he  elected  former-spouse  coverage  under  the 
Survivor  Benefit  Plan  (SBP)  based  on  full  retirement  pay 
effective  1 June  2011,  naming  his  former  spouse,  VIOLET  M. 
BROOKS, as the former-spouse beneficiary. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-00140  in  Executive  Session  on  25  Oct  12,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 
 
 

  Panel Chair 
  Member 
  Member 

 

 
3 

Exhibit A.  DD Form 149, dated 3 Jan 12, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPSIAR, dated 23 Feb 12. 
Exhibit D.  Letter, SAF/MRBR, dated 8 Mar 12. 

All  members  voted  to  correct  the  records  as  recommended.    The 
following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00140 was considered: 
 
 
 
 
 
 
 
 
                                     
                                   Panel Chair 
 

 
4