RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-04227

			COUNSEL:  NONE

			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show that he elected former spouse 
coverage under the Survivor Benefit Plan (SBP).  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was not aware that he needed to complete paperwork to keep 
his former spouse as his SBP beneficiary.  

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

________________________________________________________________

STATEMENT OF FACTS:

According to documents submitted by the applicant, he retired 
from the Air Force on 1 February 1991, in the grade of Master 
Sergeant, E-7.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.  

________________________________________________________________

AIR FORCE EVALUATION:

1.  AFPC/DPFFF recommends approval.  DPFFF states the applicant 
has not requested SBP spouse costs be terminated during the 
11 years since his divorce, clearly showing his intent that his 
former spouse remain his SBP beneficiary.  

2.  The applicant and his former spouse were married on 18 Feb 69.  
He elected spouse and child coverage based on a reduced level of 
retired pay prior to his 1 Feb 91 retirement.  The applicant's 
youngest child lost eligibility as a contingent beneficiary 
effective Aug 99.  The parties divorced on 18 May 01, and their 
divorce decree does not specifically refer to the SBP, or other 
"survivor" benefits.  There is no evidence the applicant submitted 
an election to change spouse coverage to former spouse coverage 
within the first year following their divorce.  However, the 
applicant did not request that his former spouse be removed as his 
SBP beneficiary.  Monthly premiums continue to be deducted from 
his retired pay, and DFAS-CL's records continue to reflect his 
former spouse’s date of birth (10 May 49) as the eligible spouse 
beneficiary.  There is no evidence either party has remarried; 
therefore there is no competing claimant.  

3.  There is no evidence of Air Force error in this case and 
absent a competing claimant, they recommend the applicant’s record 
be corrected to show that he submitted an election for former 
spouse coverage based on the previous reduced level of retired 
pay, naming his former spouse as the eligible beneficiary 
effective 19 May 01.  Correction should be contingent upon 
recovery of appropriate retroactive costs.  

The complete AFPC/DPFFF 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 23 October 2012 for review and comment within 
30 days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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.  After thoroughly 
reviewing the circumstances of this case, the Board notes that 
the Air Force office of primary responsibility (OPR) indicated 
that following their divorce the applicant did not request that 
his former spouse be removed as his SBP beneficiary and monthly 
premiums continue to be deducted from his retired pay.  We also 
note that the Defense Finance and Accounting Service (DFAS) 
records continue to reflect his former spouse’s date of birth as 
the eligible spouse beneficiary for SBP.  In view of the above 
and since there is no evidence either party has remarried, we 
are in agreement with the favorable recommendation of the OPR.  
Accordingly, we recommend the applicant’s records be corrected 
as indicated below.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
19 May 2001, he elected former spouse coverage under the 
Survivor Benefit Plan (SBP), based on a reduced level of retired 
pay naming his former spouse as the former spouse beneficiary.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 17 June 2013, under the provisions of 
AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered for AFBCMR 
Docket Number BC-2012-04227:

    Exhibit A.  DD Form 149 dated 10 September 2012, w/atchs.
    Exhibit B.  Letter, AFPC/DPFFF, dated 5 October 2012.
    Exhibit C.  Letter, SAF/MRBR, dated 23 October 2012. 




                                   
                                   Panel Chair



AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762




Dear:

	Your application to the Air Force Board for Correction of Military Records, AFBCMR 
BC-2012-04227 has been finalized.

	The Board determined that your military records should be corrected as set forth in the 
attached copy of a Memorandum for the Chief of Staff, United States Air Force.  The office 
responsible for making the correction will inform you when your records have been changed.

	After correction, the records will be reviewed to determine if you are entitled to any 
monetary benefits as a result of the correction of records.  This determination is made by the 
Defense Finance and Accounting Service (DFAS-IN), Indianapolis, Indiana, and involves the 
assembly and careful checking of finance records.  It may also be necessary for the DFAS-IN to 
communicate directly with you to obtain additional information to ensure the proper settlement 
of your claim.  Because of the number and complexity of claims workload, you should expect 
some delay.  We assure you, however, that every effort will be made to conclude this matter at 
the earliest practical date.

                                                                                  Sincerely,




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachments:
1. Record of Board Proceedings
2. Directive

cc: DFAS-IN


AFBCMR BC-2012-04227




MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction 
of Military Records and under the authority of Section 1552, Title 10, United States Code it is 
directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected 
to show that on 19 May 2001, he elected former spouse coverage under the Survivor Benefit 
Plan (SBP), based on a reduced level of retired pay naming, as the former spouse beneficiary.  




                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency



















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DEPARTMENT OF THE AIR FORCE