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AF | BCMR | CY2012 | BC-2012-03655
Original file (BC-2012-03655.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03655 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he made a timely election 
for former spouse and child coverage under the Survivor Benefit 
Plan (SBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He notified Defense Finance and Accounting Service (DAFAS) of 
the finalization of his divorce, which was effective 4 April 
2011. He was instructed by DFAS to fax them the divorce decree; 
however, he was not instructed to change his SBP election from 
spouse and child to former spouse and child coverage as required 
by the divorce decree. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

On 31 August 2010, the applicant was relieved from active duty 
and retired, effective 1 September 2010, and was credited with 
24 years, 5 months, and 2 days of total active service. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends approval contingent upon recoupment of 
any applicable premiums. A person’s eligibility to receive a 
spouse SBP annuity terminates upon divorce. The only means by 
which the divorced spouse can become a SBP beneficiary is if 
former spouse coverage is elected by the service member or a 
deemed election is made on the basis of a court order. However, 


the court order must be submitted along with an election within 
one year of the date of the original court order which awarded 
the 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. In this case, the applicant and former spouse were 
married on 17 July 1985. He elected spouse and child SBP 
coverage based on full retired pay prior to his 1 September 2010 
retirement. The parties divorced on 4 April 2011 and as a part 
of the Marital Settlement Agreement, the applicant was directed 
to pay a “survivor’s annuity” to his former spouse. However, 
there was no evidence that either the applicant or the former 
spouse made an election to change spouse to former spouse 
coverage within the first year following their divorce. 
Although SBP premiums continue to be deducted from the 
applicant’s retired pay and his former spouse was erroneously 
reflected as his eligible spouse beneficiary, the former spouse 
is not eligible for annuity payments upon the applicant’s death 
since an election was not made. However, it appears to be the 
applicant’s intent for his former spouse to be the eligible SBP 
beneficiary. He accepted a reduction in retired pay for over a 
year, indicative of his intent to maintain his former spouse as 
the eligible SBP beneficiary. Neither party has remarried; 
accordingly, there is no competing claimant. 

 

A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 September 2012 for review and comment within 30 
days. As of this date, no response has been received by this 
office (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 to warrant 
corrective action. We took notice of the applicant’s complete 
submission in judging the merits of the case and agree with the 
opinion and recommendation of the Air Force office of primary 
responsibility (OPR) that it would be appropriate to recommend 
granting the requested relief. While there is no evidence of an 
error on the part of the Air Force, in view of the fact the 


applicant did not request termination of SBP coverage and 
premiums continued to be deducted from the former member’s 
retired pay, we find this illustrates his intent to continue SBP 
for his former spouse. Therefore, in the interest of justice, 
we recommend that the records be corrected as 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 on 
5 April 2011, he elected former spouse and child coverage under 
the Survivor Benefit Plan (SBP), based on full retired pay, 
naming his former spouse as the beneficiary. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03655 in Executive Session on 7 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 July 2012, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIAR, dated 12 September 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 24 September 2012. 

 

 

 

 

 

 Panel Chair 

 



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