RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02667
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His former spouse be able to receive Retirement/TRICARE benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is not disputing the accuracy of his military record. He
would like to request the resolution of an injustice so that his
former spouse of 34 years receives earned retirement/TRICARE
benefits.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states eligibility for ID card
and related benefits under the Uniformed Services Former Spouses
Protection Act (USFSPA) is determined by computing the amount of
satisfactory service earned by the member during the period of
marriage. A review of the applicants record indicates he
completed over 37 years of service for basic pay from
1975 through 2012; however, only 30 years and 3 months of this
time was satisfactory service. During the period of marriage,
from 20 September 1975 to 5 May 2009, the applicant completed
19 years, 10 months, and 5 days of satisfactory service.
On 23 May 2012, HQ ARPC informed the applicant his former spouse
did not meet the basic eligibility criteria for DoD beneficiary
requirements under the 20/20/20 rule as defined in AFI 36-3026 IP
Volume 1, Chapter 3.
Based on the basic eligibility criteria for DoD beneficiaries
outlined in AFI 36-3026 IP Volume 1, Chapter 3, they are unable
to authorize the applicants former spouse to receive benefits as
a former spouse.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 August 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days
(Exhibit C). 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. After reviewing the
applicants submission and the evidence of record, we are
persuaded that relief is warranted. We believe, as the applicant
contends, that had he known prior to his retirement that he would
have been less than 2 months short of the 20 years of
satisfactory service to entitle his former spouse to
Retirement/TRICARE benefits, he would have stayed on active in
order to ensure she was entitled to these benefits. Therefore,
in view of the foregoing and in an effort to offset any
possibility of an injustice, we recommend the applicants record
should be corrected to be corrected to the extent 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 he was
credited with an additional 3 nonpaid inactive duty points for
the retirement/retention year ending 24 April 1985, resulting in
a total of 50 retirement points and a satisfactory year of
Federal service.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02667 in Executive Session on 21 February 2013,
under the provisions of AFI 36-2603:
All members voted to correct the record and recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2012-02667 was considered:
Exhibit A. DD Form 149, dated 17 June 2012, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 24 July 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 August 2012.
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