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).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She should be entitled to the former members survivor annuity
in accordance with the divorce decree.
In support of her request, the applicants counsel provides a
statement and a copy of the divorce decree.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
According to the divorce decree, dated 25 May 02, the applicant
and the former member were divorced.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends granting relief. They note, absent
evidence of a competing claimant, it would be appropriate to
correct the former member's record to reflect former spouse
coverage based on full retired pay under the SBP, naming the
applicant as the former spouse beneficiary, was established
effective 18 Jun 02. Approval should be contingent upon
recovery of all applicable SBP premiums.
The Defense Enrollment Eligibility Reporting System (DEERS)
reflects the applicant and the former member married on 8 Oct
73. The member retired from the reserve component and became
entitled to retired pay upon attaining age 60 (date of birth 3
Feb 37); however, his retired pay did not commence until 28 Feb
00. 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. The parties'
divorce was finalized on 17 Jun 02, and the partial judgment of
partition dividing military retirement assets awarded SBP to the
applicant. There is no record either party submitted a valid
election to establish former spouse SBP coverage within the
first year following divorce. SBP monthly premiums continue to
be deducted from the former member's retired pay. There is no
indication the petitioner or the member have remarried.
The complete DPSIAR evaluation is attached at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Aug 12 for review and comment within 30 days. As
of this date, no response has been received by this office
(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 error or injustice warranting
corrective action. The Air Force office of primary
responsibility has adequately addressed the issues presented by
the applicant and we are in agreement with its opinion and
recommendation. Accordingly, we recommend the former members
record be corrected to the extent indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to FORMER MEMBER, be corrected to show that on
18 Jun 02, he elected to change his Survivor Benefit Plan (SBP)
spouse only coverage to former spouse coverage, based on full
retired pay, naming APPLICANT as the former spouse beneficiary.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02706 in Executive Session on 13 Mar 13, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 11 Jul 12.
Exhibit C. Letter, SAF/MRBR, dated 6 Aug 12.
Panel Chair
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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-2012-01800
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. The complete DPSIAR evaluation is at Exhibit B.
AF | BCMR | CY2011 | BC-2011-04245
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04245 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). There is no evidence either party submitted a valid election to change spouse to former spouse coverage within the first year...
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 | CY2011 | BC 2011 01785
We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _______________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2011 | BC-2011-02485
Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. DPSIAR states the applicant and the former member were married on 28 Mar 83 and he elected spouse and child SBP coverage based on full retired pay prior to being placed on the Permanent Disability Retired List (PDRL) effective 28 May 03. In this respect, although neither the former member nor the applicant filed a valid election for SBP within the...
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-2012-01351
DPSIDAR states that there is no evidence of Air Force error in this case; however, in the absence of 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 APPLICANT as the former spouse beneficiary, effective 11 January 2005. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...
AF | BCMR | CY2012 | BC-2012-01209
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. ________________________________________________________________ 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...