RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05021
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected his former spouse
as the beneficiary of his Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He believed the beneficiary of his SBP had been changed to
former spouse after seeing that his retirement pay statement
reflected former spouse. In 2000, immediately following
receipt of their final divorce decree, he provided a copy of the
divorce decree and the required paperwork to change the status
of the beneficiary on his SBP to former spouse. He has made
SBP payments since 1995.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The 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/DPFFF recommends approval. A persons eligibility to
receive a spouse SBP annuity terminates upon divorce. However,
the law provides two mechanisms for changing spouse coverage to
former spouse coverage. One of the following actions must be
exercised within the first year following divorce: (1) the
retiree may file an election change, or (2) the former spouse
may request the retiree be deemed to have made such a change on
his or her behalf. In the latter case, the former spouse must
provide legal documentation showing the member agreed, or that
the court ordered the member to establish former spouse
coverage. 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 former
spouse is not eligible for annuity payments upon the members
death even though a member fails to notify DFAS-CL of the
divorce and continues to pay SBP premiums afterwards.
The applicant and his former spouse were married on 20 Jun 81.
He elected spouse only SBP coverage based on full retired pay
prior to his 1 Dec 95 retirement. The parties divorce was
finalized on 10 Mar 00 and their divorce decree ordered the
applicant to take all necessary action to change the SBP
coverage immediately following the finalization of the divorce.
There is no evidence either party submitted an election to
change spouse coverage to former spouse coverage within the
first year following their divorce. SBP premiums for spouse
coverage continued to be deducted from the members retired pay,
and the former spouses name and date of birth remained as the
applicants eligible spouse beneficiary until DFAS-CL received
his 19 Mar 12 request to change spouse coverage to former spouse
SBP coverage. Since the request was not timely, it was not
honored, and spouse coverage was suspended. There is no
evidence either party has remarried; therefore, there is no
competing claimant. To deny the applicants request would be to
deny his former spouse an asset awarded to her by the court.
Correction should be contingent upon recovery of appropriate
retroactive costs.
The complete 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 10 Dec 12 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 injustice. 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 and adopt its rationale
as the basis for our conclusion that relief should be granted.
Although we find no evidence of an error on the part of the Air
Force, we believe that it is in the interest of justice to
provide the requested relief. Therefore, we recommend the
applicants record 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
11 March 2000, he elected former-spouse coverage under the
Survivor Benefit Plan (SBP) based on full retired pay, naming
his former spouse as the eligible former spouse beneficiary.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-05021 in Executive Session on 17 Jun 13, 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 9 Oct 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 16 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.
Panel Chair
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