RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04233
MEMBER: (DECEASED) COUNSEL: NONE
APPLICANT:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her ex-husbands record be corrected to show that he elected
former spouse coverage under the Survivor Benefit Plan (SBP),
naming her as beneficiary.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. She recently discovered that upon their divorce, her ex-
husband failed to change the SBP election designation from
spouse to former spouse as was required by their divorce
agreement. She was informed that the change from spouse to
former spouse should have been accomplished within a year of
their divorce. He may not have known that he had to make this
change, as he continued the premium deductions from his pay with
her as the beneficiary.
2. Upon discovering the failure to change her status from
spouse to former spouse she called the Defense Finance and
Accounting Services (DFAS) and asked how to correct the
omission. She was told it was too late, as it should have been
done within a year of their divorce. She was then instructed to
accomplish a DD For 149 and submit to the AFBCMR. She has
complied with the requirements of the divorce settlement and
should not be penalized for her ex-husbands omission.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Information submitted by the applicant indicates her ex-husband
retired from the Air Force in the grade of Technical Sergeant in
November of 1974.
On 26 October 2012, the applicant notified SAF/MRBR that her ex-
husband died on 4 September 2012 (Exhibit B).
AIR FORCE EVALUATION:
1. AFPC/DPFFF recommends approval. DPFFF states the fact that
the member did not request SBP coverage be terminated following
his divorce indicates he intended for the applicant to remain his
SBP beneficiary.
2. The Defense Enrollment Eligibility Reporting System (DEERS)
reflects the member was not married when he declined SBP coverage
prior to his 1 November 1974 retirement. The member and the
applicant married on 14 February 1981, and he elected spouse only
coverage based on full retired pay under the SBP during the one-
year (1 April 1992 to 31 March 1993) open enrollment period
authorized by Public Law (PL) 101-189 (29 November 1989). They
divorced on 14 January 2010, and the court order held that the
applicant should continue as the SBP beneficiary. There is no
indication either party submitted an election to change spouse
coverage to former spouse coverage within the first year following
their divorce.
3. DFAS-CL's retired pay system continues to reflect the
applicant's name and date of birth (24 December 1947) as the
eligible spouse beneficiary. SBP premiums continued to be
deducted from the member's retired pay until 1 Oct 08, when he
became "paid-up" under the provisions of PL 105-261 (17 Oct 98).
There is no evidence of Air Force error in this case; however, in
the interest of justice and absent a competing claimant, they
recommend the member's record be corrected to show the decedent
elected SBP former spouse only coverage based on full retired pay
effective 15 January 2010.
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 10 December 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 reviewing the
evidence of record, we are persuaded that favorable
consideration of the applicants request is warranted. Based on
the favorable recommendation rendered by the Air Force office of
primary responsibility indicating that since the member did not
request SBP coverage be terminated upon his divorce from the
applicant, he intended for her to remain his SBP beneficiary.
Therefore, in view of the above and absent a competing claimant,
we recommend the decedents records be corrected as set forth
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
15 January 2010, he elected former spouse coverage under the
Survivor Benefit Plan (SBP) based on full retired pay naming the
APPLICANT 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-2012-04233:
Exhibit A. DD Form 149 dated 31 August 2012, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 14 November 2012.
Exhibit C. Letter, SAF/MRBR, dated 10 December 2012.
Panel Chair
AF | BCMR | CY2012 | BC-2012-04626
________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, stating, in part, there is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedent's record be corrected to reflect on 1 Feb 94, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. Considering the applicant failed to execute a deemed...
AF | BCMR | CY2013 | BC 2013 03731
The decedent elected spouse and child SBP coverage based on a reduced level of retired pay prior to his 1 Jul 95 retirement. There is no evidence either party submitted a valid election to change spouse to former spouse coverage within the first year following their divorce as the law requires. The complete DPFFF evaluation is at Exhibit F. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant acknowledges the change to the advisory opinion to recommend the decedents record...
AF | BCMR | CY2012 | BC-2012-04943
The parties divorced on 5 Jun 98, and in the Child Custody Marital Dissolution Agreement, incorporated in the divorce decree, the member agreed the applicant would receive survivor benefits from his military retirement. There is no evidence of Air Force error, and absent a competing claimant, we recommend the member's record be corrected to reflect that he elected to change SBP spouse to former spouse coverage based on full retired pay and named the applicant as the eligible former spouse...
AF | BCMR | CY2014 | BC 2014 00338
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00338 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated as the former spouse beneficiary under the Survivors Benefit Plan (SBP). Second, we note that the divorce decree submitted by the applicant was not final, as it was not executed by both parties and the court. ...
AF | BCMR | CY2014 | BC 2014 00167
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00167 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated as the former spouse beneficiary under the Survivors Benefit Plan (SBP). There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedents record be corrected to reflect that on...
AF | BCMR | CY2013 | BC 2013 05614
There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedents record be corrected to reflect that on 1 Jul 87, he elected to change RCSBP spouse to former spouse coverage based on full retired pay, naming the applicant as the eligible beneficiary. SBP premiums were deducted from the decedents retired pay until his 28 Jun 11 death. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
AF | BCMR | CY2013 | BC 2013 05676
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05676 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated the beneficiary for her former spouses Survivors Benefit Plan (SBP). As such, we find the death certificate provided by the applicant sufficient to conclude that the decedent was not married at the time of his death. ...
AF | BCMR | CY2014 | BC 2014 00704
He submitted DD Form 1882, for former spouse and child coverage; however, DFAS-CL did not honor the election because it was not received until after the one-year eligibility period. However, while the applicant contends the election for former spouse coverage was made within the required time, no evidence has been provided, to our satisfaction, that she or the deceased former member submitted a valid former spouse election during the first year following their divorce. THE BOARD DETERMINES...
AF | BCMR | CY2013 | BC 2013 03921
AIR FORCE EVALUATION: AFPC/DPFFF recommends granting relief. The parties divorced on 2 Dec 04, and in the Agreement, incorporated in the divorce decree, the decedent agreed to pay SBP premiums currently in place for the benefit of the applicant. SECRETARY OF THE AIR FORCE WASHINGTON JUL 2 2 2015 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Docket Number: BC-2013-03921 I have carefully reviewed the AFBMCR application...
AF | BCMR | CY2013 | BC 2013 02213
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02213 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her former husbands (decedent) records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF...