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AF | BCMR | CY2012 | BC-2012-02598
Original file (BC-2012-02598.txt) Auto-classification: Approved
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02598 

 (DECEASED) COUNSEL: 

 (APPLICANT) HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her former spouse’s (decedent) records be corrected to show he 
made a timely election for former spouse coverage under the 
Survivor Benefit Plan (SBP). 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The decedent kept her as the SBP beneficiary after their 
divorce, as reflected on his Retiree Account Statement (RAS). 
This confirms the decedent intended for her to remain his SBP 
beneficiary. 

 

 

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

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the Defense Enrollment Eligibility Reporting 
System, the applicant and decedent were married on 22 Feb 1967. 

 

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. Both must be exercised within the first year 
following 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 the 
member agreed, or the court ordered the member, to establish 
former spouse coverage. If neither the member nor the former 
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 Center 
(DFAS-CL) of the divorce and continues to pay SBP premiums 
afterwards, the former spouse is not eligible for annuity 
payments upon the member's death. 

 

_______________________________________________________________ 


 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends approval. DPSIAR states the decedent 
elected SBP spouse only coverage based on full retired pay 
prior to his 1 Jun 1989 retirement. The parties divorced on 
9 Sep 2008, and the divorce decree did not address the SBP. 
There is no evidence the member submitted a valid election to 
change spouse coverage to former spouse coverage within the 
first year following their divorce. The information maintained 
in the retired pay system reflected the applicant's name and 
date of birth as the eligible spouse beneficiary. Monthly 
premiums continued to be deducted from the member's retired pay 
until his 9 Dec 2011 death. There is no indication either 
party remarried. Despite the member’s failure to submit a 
valid former spouse election change, he did not request 
coverage for the applicant to be terminated following their 
divorce. His willingness to accept a reduction in his 
retired pay for over three years after their divorce shows he 
intended to maintain SBP coverage on her behalf. 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. 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: 

 

On 7 Aug 2012, a copy of the Air Force evaluation was forwarded 
to the member for review and comment within 30 days. To date, 
a response has not been received (Exhibit C). 

 

_______________________________________________________________ 

 

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 injustice. There is no 
evidence of Air Force error; however, to preclude an injustice, 
we agree with AFPC/DPSIAR’s recommendation that the member’s 
records should be corrected to reflect that he made a valid 
election to change his spouse only coverage to former spouse 
coverage under the SBP, based on full retired pay effective 
8 Sep 2009, naming his former spouse as the eligible 


beneficiary. Accordingly, we recommend the applicant’s 
records be corrected as set forth below. 

 

_______________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to MEMBER, be corrected to show that on 8 Sep 
2009, he elected former spouse coverage under the Survivor 
Benefit Plan (SBP), based on full retired pay, naming his 
former spouse as the eligible beneficiary. Approval should be 
contingent upon the recovery of applicable premiums. 

 

_______________________________________________________________ 

 

The following members of the Board considered this application 
in Executive Session on 12 Feb 2012, under the provisions of 
AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered in AFBCMR BC-
2012-02598: 

 

 Exhibit A. DD Form 149, dated 11 Jun 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 25 Jul 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 7 Aug 2012. 

 

 

 

 

 

 Panel Chair 

 



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