AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00252
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
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:
At the time of his divorce he was not advised that he needed to
designate his former spouse as his SBP beneficiary.
In support of his request, the applicant provides a copy of his
Divorce Agreement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant after becoming eligible to receive retired pay
except for attaining age 60, elected on 19 Sep 88, spouse only
coverage under the Reserve Component Survivor Benefit Plan
(RCSBP), Option C, Immediate Annuity (surviving spouse will
receive the annuity payments immediately upon the death of the
service member). The applicant retired on 8 Jul 04 and began
receiving retired pay.
The applicant divorced on 27 May 09 and in the Divorce Agreement
he agreed to maintain his former spouse as the sole and
irrevocable beneficiary for the SBP annuity.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate offices of
the Air Force, which are attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPSIAR recommends granting the requested relief. Although
the applicant failed to submit a valid election for former spouse
coverage within the first year following his divorce; he also did
not request the spouse coverage be terminated following their
divorce, which is indicative of his intent to maintain his former
spouse as the eligible SBP beneficiary.
The complete 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 27 Mar 12, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 error or injustice. After a
thorough review of the applicant’s complete submission and the
evidence of record, we believe the applicant has been the victim
of an error or injustice. In this respect, we note the comments
by the Air Force office of primary responsibility (OPR)
indicating that while there is no evidence the applicant or his
former spouse submitted a valid former spouse election within one
year of their divorce , SBP premiums continued to be deducted
from the applicant’s retired pay and official records continue to
reflect the former spouse as the eligible spouse beneficiary.
Considering these facts and that denial of the applicant’s
request would deprive the former spouse of an asset awarded by
the court, we believe it is in the interest of justice to grant
the requested relief. Therefore, we concur with the findings and
recommendation of the Air Force office of primary responsibility
and recommend the former service member’s records be corrected to
the extent 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 issue(s)
2
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 28 May 09,
he elected former spouse coverage under the Survivor Benefit Plan
(SBP), naming as the former spouse beneficiary based on
full retired pay.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00252 in Executive Session on 25 Oct 12, under the
provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jan 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 1 Mar 12.
Exhibit C. Letter, SAF/MRBR, dated 27 Mar 12.
Panel Chair
Member
Member
Panel Chair
3
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AF | BCMR | CY2011 | BC-2011-04372
There is no evidence that either party submitted an election to change spouse coverage to former spouse coverage within the first year following their divorce. The evidence of record reflects that as a part of the divorce settlement the court ordered the applicant to elect former spouse coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force...
AF | BCMR | CY2013 | BC-2012-03529
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