AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01209
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected his former spouse
as the beneficiary of his Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He failed to change his SBP beneficiary from spouse to former
spouse when his divorce was granted as his divorce degree
ordered.
In support of his request, the applicant provides copies of his
Decree of Dissolution of Marriage, Court Order Regarding United
States Air Force Retirement Benefit, and Acceptable Domestic
Relations Order Regarding Arizona State Retirement Plan for
Participating Plan Member.
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 (OPR), which is attached at Exhibit C.
Therefore, there is no need to recite these facts in this record
of proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. 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. One of the following actions must be
exercised within the first year following the 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 showing the member agreed, or that
the court ordered the member to establish former spouse
coverage. If neither the member nor the 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 (DFAS-CL) of the divorce and continues to pay
SBP premiums afterword, the former spouse is not eligible for
annuity payments upon the member’s death.
On 26 Nov 55, the applicant and his former spouse were married.
Prior to his 1 Mar 74 retirement, the applicant elected spouse
and child SBP coverage based on a reduced level of retired pay.
On 26 Aug 96, the parties’ marriage was dissolved and the
divorce decree did not address the SBP. There is no evidence
the applicant submitted a valid election to voluntarily change
spouse to former spouse SBP coverage within the first year
following their divorce as the law requires. DFAS-CL records
continue to reflect the former spouse’s name and date of birth
as the eligible spouse beneficiary. Premiums were deducted from
the member’s retired pay until 1 Oct 08, when the paid-up
provision became effective. Neither party remarried and,
accordingly, there is no competing claimant. Despite the
applicant’s failure to submit a valid former spouse election
change, he did not request SBP coverage for his former spouse to
be terminated following their divorce, indicating his intent for
her to remain eligible as the SBP beneficiary. There is no
evidence of an error; however, to preclude an injustice, we
recommend the member’s records be corrected as stated below.
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 30 May 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(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.
2
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, we
believe that it is in the interest of justice to provide the
requested relief. Therefore, we recommend the applicant’s record
be corrected as indicated below.
________________________________________________________________
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
27 August 1996, he elected former-spouse coverage under the
Survivor Benefit Plan (SBP) at the previous reduced level of
retired pay, naming his former spouse as the beneficiary.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01209 in Executive Session on 27 Nov 12, under
the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 30 Mar 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIAR, dated 10 May 12.
Exhibit D. Letter, SAF/MRBR, dated 30 May 12.
Panel Chair
Member
Member
3
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 | CY2012 | BC 2012 02752
The member did not request coverage for his former spouse be terminated and the fact that SBP premiums were deducted from his retired pay for over three years following their divorce are indicative of his intent to maintain the applicant as the eligible SBP beneficiary. There is no evidence of Air Force error in this case and absent a competing claimant, DPSIAR recommends the member's record be corrected to reflect on 10 Apr 2009, he elected to change SBP spouse to former spouse coverage...
AF | BCMR | CY2012 | BC-2012-02598
There is no evidence of Air Force error in this case; however, absent a competing claimant and to prevent a possible injustice, DPSIAR recommends the member's record be corrected to reflect he elected former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made...
AF | BCMR | CY2012 | BC 2012 02598
There is no evidence of Air Force error in this case; however, absent a competing claimant and to prevent a possible injustice, DPSIAR recommends the member's record be corrected to reflect he elected former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made...
AF | BCMR | CY2012 | BC-2012-02752
There is no evidence of Air Force error in this case and absent a competing claimant, DPSIAR recommends the member's record be corrected to reflect on 10 Apr 2009, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. There is no evidence of Air Force error; however, to preclude an injustice, we agree with AFPC/DPSIARs recommendation that the members records should be corrected to reflect that he made a...
AF | BCMR | CY2012 | BC-2012-00128
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. To date, a response has not been received (Exhibit C). _______________________________________________________________ THE BOARD RECOMMENDS...
AF | BCMR | CY2012 | BC-2012-05021
There is no evidence either party submitted an election to change spouse coverage to former spouse coverage within the first year following their divorce. SBP premiums for spouse coverage continued to be deducted from the members retired pay, and the former spouses name and date of birth remained as the applicants eligible spouse beneficiary until DFAS-CL received his 19 Mar 12 request to change spouse coverage to former spouse SBP coverage. ...
AF | BCMR | CY2012 | BC-2012-01307
If neither the member nor the 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 DFAS—Cleveland (DFAS-CL) of the divorce and continues to pay SBP premiums afterword, the former spouse is not eligible for annuity payments upon the member’s death. However, should the applicant provide a notarized statement from the deceased former member’s widow relinquishing her...
AF | BCMR | CY2012 | BC-2012-01857
There is no indication the member submitted an election to change spouse coverage to former spouse coverage before 21 May 2005, as required by law. There is no evidence of Air Force error in this case; however, in the interest of justice, DPSIAR recommends the member's record be corrected to show he elected SBP former spouse only coverage based on full retired pay effective 22 May 2004, naming his former spouse as the eligible former spouse beneficiary. ...
AF | BCMR | CY2012 | BC-2012-02706
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02706 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: She be entitled to benefits under the Survivor Benefit Plan (SBP). He failed to complete a valid SBP election at that time, and DFAS-CL established the maximum level of SBP spouse coverage on the applicant's behalf, as required by law. ...