RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-00362
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouses records be corrected to show that a valid
deemed election was received to establish former spouse
coverage under the Reserve Component Survivor Benefit Plan
(RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was granted 50 percent of her husbands retirement as stated
in their Domestic Relations Division Court Order, dated 1 Nov 93.
Their divorce was granted/filed on 24 Aug 93, and the paperwork
was sent to the Defense Finance and Accounting Service-Cleveland
(DFAS-CL) by her attorney, and was filed by the said office on
3 Aug 94, which was within the one-year timeframe.
She discovered the error when she called DFAS to update her new
address.
In support of her request, the applicant provides a personal
statement, copies of a letter sent to ARPC/DPTTE, and her divorce
decree and marriage license.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The service member retired from the Air Force Reserve in Oct 92.
On 3 May 93, the member completed an ARPC Form 123, Reserve
Component Survivor Benefit Plan Election Certificate, and
indicated that he had no eligible spouse or children and deferred
participation.
The applicant and the member were divorced on 24 Aug 93. The
court found both of their children to be emancipated.
The applicants attorney sent a copy of the divorce decree to
DFAS-CL, which was received on 3 Aug 94, and was within the one-
year timeframe prescribed by Title 10, United States Code,
Section 1448.
On 14 May 10, the member completed a DD Form 2656, Data for
Payment Retired Personnel, to start drawing retired pay, and made
an election for child only coverage under the SBP.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. DPTT states based on the evidence
provided, it does show the applicant attempted to make a former
spouse election; and based on this they recommend the records be
corrected to show that the former spouse deemed her election on
3 Aug 94.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 Mar 12, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. As of this
date, a response has not been received by this office (Exhibit
C).
_________________________________________________________________
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 error or injustice. After thoroughly reviewing
the evidence of record, we agree with the Air Force office of
primary responsibility that it would be appropriate to grant the
relief requested. The divorce decree directed the applicant
receive the SBP, and it appears an attempt was made by the
applicant to comply with the one-year requirement to make a deemed
election. In this respect, we note the applicant mailed a copy of
the divorce decree to DFAS within the one year timeframe
prescribed by 10 U.S.C 1448. However, it appears ARPC never
received the divorce decree and a deemed election was never put
into effect. Therefore, we believe the evidence is sufficient to
find it in the interest of justice to correct the record to
reflect the applicant as the former spouse beneficiary. In view
of the above, we recommend the 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 3 Aug 94, a
valid deemed election was received to establish former spouse
coverage under the Reserve Component Survivor Benefit Plan
(RCSBP), based on full retired pay, naming his FORMER SPOUSE, as
the former spouse beneficiary for Option C (Immediate Annuity).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00362 in Executive Session on 27 Nov 12, 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 27 Jan 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 19 Mar 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 27 Mar 12.
Panel Chair
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