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AF | BCMR | CY2012 | BC-2012-01800
Original file (BC-2012-01800.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01800 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect former spouse Survivor 
Benefit Program (SBP) election. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In Oct 90, his divorce decree was forwarded to the Defense 
Finance and Accounting Service (DFAS); however, the former spouse 
election form was not included. He has tried repeatedly via 
electronic mail, fax and phone to correct this error. He would 
like to have the coverage established for his former spouse. 

 

In support of his request, the applicant submits copies of 
letters from DFAS and his divorce decree. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

On a separate DD Form 149, the applicant’s former spouse requests 
SBP coverage be reestablished on her behalf. The premiums were 
paid before and after the divorce. Neither party was informed or 
notified about the one year time frame for submitting an 
election. The parties assumed all paperwork for SBP benefits 
were filed correctly after the divorce by the attorney. 

 

The former spouse’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 12 Oct 63, the applicant was married. On 1 Feb 71, he retired 
from service and elected spouse and child coverage based on full 
retired pay during the open enrollment authorized by Public Law 
(PL) 97-35 (1 Oct 81 to 31 Sep 82). Effective Jun 86, the 
children were no longer eligible as contingent beneficiaries. 

 

On 12 Oct 90, the parties divorced and the applicant was ordered 
to elect SBP on behalf of his former spouse. Neither party 
submitted an election for former spouse coverage within the first 
year of the divorce; however, the member did not request his 


former spouse be removed as the SBP beneficiary. In addition, 
the monthly premiums continued to be deducted from his retired 
pay. 

 

On 16 Mar 12, the applicant was notified by DFAS that his SBP 
spouse coverage was adjusted from former spouse coverage to no 
beneficiary coverage effective 12 Oct 90, based on his recent 
submission of his divorce decree. Due to this action, he was 
refunded in the amount of $17,696.81. 

 

On 26 Mar 12, he was notified that his request to establish 
former spouse coverage and repay the premiums was not adequate to 
elect SBP coverage for his former spouse. 

 

While DPSIAR states there is no evidence either party has 
remarried, if it is later determined there was a competing 
spouse, the Board has the authority to void its decision based on 
new evidence indicating the applicant (member) has remarried. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends approval of the applicant’s request. 
DPSIAR notes there is no evidence of Air Force error in this 
case. Additionally, a review of the former service member’s 
record via the Defense Enrollment Eligibility Reporting System 
(DEERS) confirmed there is no competing claimant. 

 

DPSIAR states to deny the applicant’s request would be to deny 
his former spouse an asset awarded to her by the court. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant fully concurs with the DPSIAR recommendation. He 
would like the funds electronically debited from his account by 
DFAS as they were credited. He states retaining the funds will 
place him in an unsustainable and libelous situation. He will be 
in trouble with the Internal Revenue Service (IRS), his state tax 
office, etc., if he does not pay back the premiums. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit D. 

 

_________________________________________________________________ 

 


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 error or injustice. In this 
respect, we note the Air Force office of primary responsibility 
(OPR) recommends the service member’s record be changed to 
reflect that he elected former spouse coverage under SBP and we 
agree with their recommendation. Therefore, in the interest of 
justice we recommend his records be corrected to show that he 
made a timely election for spouse coverage based on full retired 
pay under the SBP. Regarding his request to have SBP premiums 
electronically debited from his account, the AFBCMR is empowered 
only to correct records, determining how the SBP funds are paid 
is the responsibility of the Defense Finance and Accounting 
Service (DFAS). As such, this request is outside the Board’s 
purview. In view of the above, we recommend the records be 
corrected as indicated 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 13 Oct 90, he 
elected former spouse coverage based on full retired pay under 
the Survivor Benefit Plan, naming his former spouse as the 
eligible beneficiary. 

 

_________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 18 Jan 13, under the provisions of AFI 36-
2603: 

 

 Panel Chair 

 Member 

 Member 

 


All members voted to correct the record as recommended. The 
following documentary evidence pertaining to AFBCMR BC-2012-01800 
was considered: 

 

 Exhibit A. DD Form 149, dated 9 Apr 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 11 Jun 12. 

 Exhibit C. Letter, SAF/MRBR, dated 25 Jun 12. 

 Exhibit D. Letter, Applicant, dated 4 Jul 12. 

 

 

 

 

 

 Panel Chair 



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