RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03345
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________
APPLICANT REQUESTS THAT:
His former spouse be added as the beneficiary of his
Survivor Benefit Plan (SBP) annuity.
___________________________________________________________
APPLICANT CONTENDS THAT:
He added his current wife as his SBP beneficiary in 2011.
He believes he was misinformed when he made this election.
The applicant's complete submission, with attachments, is
at Exhibit A.
___________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 1 April 2001.
On 25 February 2013, the applicant was provided an advisory
(Exhibit D) prepared by SAF/GCM on similar cases considered
by the Board. The Board has been advised that it should
not consider cases involving disputed claims between
competing beneficiaries unless a court of competent
jurisdiction has ruled in the case or pushes the AFBCMR to
make such determination.
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 Exhibit B.
___________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR does not provide a recommendation as the
application involves two potential SBP beneficiaries.
Prior to the applicants retirement, he elected spouse and
child SBP coverage based on a reduced level of retired pay.
He and his former spouse divorced on 25 November 2002. The
Voluntary Separation and Property Settlement Agreement did
not clearly and satisfactorily address the SBP. There is
no evidence he or his former wife submitted a valid former
spouse election within the year following their divorce
decree, as required by law. However, he continued to pay
the SBP premiums.
The applicant married his current spouse on 21 August 2009.
On 15 December 2009, he added her as the SBP beneficiary.
He was issued a refund of overpaid premiums on 23 August
2010.
The complete DPSIAR evaluation is at Exhibit B.
___________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 17 September 2012 and 15 February 2013, for
review and comment within 30 days (Exhibit C and D). 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 not timely filed; however, it is in
the interest of justice to excuse the failure to timely
file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant has not demonstrated that extraordinary
circumstances exist as required for this Board to grant
relief in cases of competing SBP beneficiaries. We took
notice of the applicants complete submission in judging
the merits of the case and his deemed election for his
current spouse to gain entitlement to the benefit. By
operation of law, she is now the eligible beneficiary.
Therefore, we are precluded from granting the applicants
request as there has been no showing of extraordinary
circumstances. Unless his current spouse relinquishes her
entitlement, we find no basis to grant the applicants
request.
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-2012-03345 in Executive Session on 7 May 2013,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jul 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 30 Aug 12.
Exhibit C. Letter, SAF/MRBR, dated 17 Sep 12.
Exhibit D. Letter, SAF/MRBC, dated 25 Feb 13, w/atchs.
Panel Chair
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On 23 May 2012, the applicant and the former member were provided advisories (Exhibit D) prepared by SAF/GCM on similar cases considered by the Board. ___________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The former member wrote on behalf of his former spouse stating he elected the applicant as the SBP beneficiary upon his retirement and was unaware another declaration was to be made within a year of the divorce. While we note the...
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