AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01541
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouse’s record be corrected to show he elected
“former spouse” coverage based on full retired pay under the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was the beneficiary of her former husband’s SBP policy, and
was to remain as such under a legal court agreement. She
consulted her lawyer about the legality of this agreement and was
assured of its validity as agreements made in court are binding.
In support of her appeal, the applicant provides a personal
statement, her former’s husband’s death certificate, and their
divorce decree.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent is a former member of the Regular Air Force who
elected spouse and child coverage based on full retired pay under
the SBP prior to his 1 February 1975 retirement. Effective
December 1992, there were no longer any eligible children. There
is no evidence the decedent submitted an election to voluntarily
change spouse coverage to former spouse coverage within the first
year following their divorce.
The Defense Enrollment Eligibility Reporting System (DEERS)
reflects the member and Patricia married on 20 May 2001. The
member advised the Defense Finance and Accounting Service (DFAS)
of his marriage, and DFAS updated his record. The decedent’s SBP
coverage was established on Patricia’s behalf on the first
anniversary of their marriage. Monthly premiums continued to be
deducted from the member’s retired pay when he became “paid-up.”
DEERS reflects Patricia died on 23 July 2009, and the member died
on 4 May 2010. There is no indication he remarried before his
death.
The remaining relevant facts are contained in the letter prepared
by the Air Force office of primary responsibility (OPR) at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR indicates that absent a certified copy of the final
divorce decree and/or qualified domestic relations order (QDRO),
they have no basis to make a recommendation. DPSIAR requested
the applicant provide a certified copy of the final divorce
decree and/or the QDRO, which she claimed awarded SBP coverage to
her following divorce. The applicant responded that the court
documents she provided with her request are the only final paper
issued to her. Nevertheless, the submitted document is not the
final divorce decree.
In the event the applicant provides the requested documents which
prove the court awarded SBP coverage to her, absence a competing
claimant and to prevent a possible injustice, they recommend the
decedent’s record be corrected to reflect he elected former
spouse coverage based on full retired pay, naming XXXXXXXXXXXXX
as the former spouse beneficiary, effective the date following
the date the divorce decree was finalized. 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:
A copy of the Air Force evaluation was forwarded to the applicant
on 14 August 2012, for review and comment within 30 days (Exhibit
C). As of this date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicant's complete submission in judging the
2
merits of the case; however, we conclude the applicant has not
been the victim of an error or injustice. Although the applicant
claims she is entitled to SBP benefits as a result of their legal
court agreement, the evidence presented is insufficient to
validate this assertion. Additionally, we took note of the hand-
written note on the court order verifying her entitlement to SBP;
however, this does not constitute a legal entitlement.
Therefore, 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 AFBCMR Docket
Number BC-2012-01541 in Executive Session on 27 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-01541:
Exhibit A. DD Form 149, dated 10 Mar 12, w/atchs.
Exhibit B. Letter, ARPC/DPSIAR, dated 11 Jun 12.
Exhibit C. Letter, SAF/MRBR, dated 14 Aug 12.
, Panel Chair
, Member
, Member
Panel Chair
3
AF | BCMR | CY2012 | BC-2012-00454
To comply with federal law, AFAFC established spouse coverage based on full retired pay under the SBP, updated the applicant’s date of birth as the eligible spouse beneficiary and began deducting premiums from the service member’s retired pay. The DPSIAR complete evaluation is at Exhibit B. The Board has been advised that it can consider cases involving potential claims by more than one spouse or former spouse if there is evidence that the member or former spouse timely notified...
AF | BCMR | CY2013 | BC-2011-04704
He elected spouse and child SBP coverage based on a reduced level of retired pay, and his wife concurred in his election. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 Jan 2012, the applicant requested additional time to provide supplementary evidence in support of her request and her case was administratively closed. In the absence of evidence that there was a “deemed election” by the applicant within one year 3 after the...
AF | BCMR | CY2010 | BC-2010-04295
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04295 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to benefits under the Survivor Benefit Plan (SBP). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIAR did not provide a recommendation. The complete AFRBA Legal Advisor...
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 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 | CY2013 | BC-2012-03529
The Board has been advised that it can consider cases involving potential claims by more than one spouse or former spouse if there is evidence that the member or former spouse timely notified the Government within one year after the divorce was final, or if there are extraordinary circumstances that would justify correction of the record. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at...
AF | BCMR | CY2013 | BC 2012 02043
_________________________________________________________________ STATEMENT OF FACTS: While married, the member elected spouse and child coverage based on a reduced level of retired pay under the SBP prior to his 1 Jun 73 retirement. There is no record of marriage at the time of his death. While counsel argues the former member never married; the evidence of record, specifically, the death certificate states otherwise.
AF | BCMR | CY2012 | BC-2012-01544
Based on the available evidence of record and the applicants submission, it appears the decedent and the applicant were married in Feb 09. Subsequent to the divorce of his first spouse, a deemed election for former spouse coverage was submitted to DFAS and accepted in accordance with the divorce decree and the governing law. Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12.
AF | BCMR | CY2013 | BC-2012-02265
The applicant was also provided an advisory (Exhibit C) prepared by SAF/GCM on similar cases considered by the Board. The Board has been advised that it can consider cases involving potential claims by more than one spouse or former spouse if there is evidence that the member or former spouse timely notified the Government within one year after the divorce was final, or if there are extraordinary circumstances that would justify correction of the record. ...
AF | BCMR | CY2011 | BC-2011-02192
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02192 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________ __ APPLICANT REQUESTS THAT: Her former spouses records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). The service member elected spouse only coverage under the SBP at full retirement pay. Since the applicant...