RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01710
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he elected former spouse
coverage under the Survivor Benefit Plan (SBP).
______________________________________________________________
APPLICANT CONTENDS THAT:
His divorce decree stated that he had to elect former spouse SBP
coverage. He mistakenly did not do this when he retired. He was
told his decision was irrevocable; however, he has to comply with
the court order.
The applicants complete submission, with attachments, is at
Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
The applicant was divorced on 29 Jun 06. In the divorce decree,
he agreed to name his former spouse as the sole and irrevocable
beneficiary to the SBP; however, prior to his retirement on 1 Nov
11, he elected child only SBP coverage based on full retired pay.
There is no evidence the former spouse submitted a deemed
election to the Defense Finance and Accounting System (DFAS).
According to information in the Defense Enrollment Eligibility
Reporting System (DEERS), the applicant remarried on 25 Aug 12.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. Although the former spouse
failed to request a deemed election and the applicant failed to
submit a valid election for former spouse coverage prior to his
retirement, to deny the request would be to deny the former
spouse the asset awarded to her by the courts. Therefore, to
preclude a possible injustice, it would be appropriate to correct
the applicants record to reflect he elected former spouse and
child SBP coverage based on full retire pay effective 1 Nov 11.
The complete DPSIAR evaluation, with attachment, is at Exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 27 Jun 12, for review and comment within 30 days. As of this
date, this office has received no response (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. In this
respect, we note the Air Force office of primary responsibility
(OPR) recommends the service members record be changed to
reflect that he elected former spouse and child coverage under
SBP and we agree with their recommendation. Therefore, in the
interest of justice, 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 24 Apr 11, he
elected former spouse and child coverage based on full retired
pay under the Survivor Benefit Plan, naming his former spouse as
the eligible beneficiary.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 6 Mar 13, under the provisions of AFI 36-
2603:
, Acting Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-01710:
Exhibit A. DD Form 149, dated 1 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIAR, dated 11 Jun 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 12.
Acting Panel Chair
AF | BCMR | CY2013 | BC-2011-04704
He elected spouse and child SBP coverage based on a reduced level of retired pay, and his wife concurred in his election. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 Jan 2012, the applicant requested additional time to provide supplementary evidence in support of her request and her case was administratively closed. In the absence of evidence that there was a “deemed election” by the applicant within one year 3 after the...
AF | BCMR | CY2010 | BC-2010-03454
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03454 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husbands records be corrected to show he made a timely election for former spouse and child coverage under the Survivor Benefit Plan (SBP). AIR FORCE EVALUATION: AFPC/DPSIAR states there is no evidence of an Air Force error; however, in the...
AF | BCMR | CY2012 | BC-2012-01544
Based on the available evidence of record and the applicants submission, it appears the decedent and the applicant were married in Feb 09. Subsequent to the divorce of his first spouse, a deemed election for former spouse coverage was submitted to DFAS and accepted in accordance with the divorce decree and the governing law. Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12.
AF | BCMR | CY2011 | BC-2011-00737
________________________________________________________________ APPLICANT CONTENDS THAT: According to the divorce decree, her former spouse was to maintain SBP coverage for her as the former spouse beneficiary. A complete copy of the AFBCMR Legal Advisor evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends that she had no idea that she was required to provide a written valid former...
AF | BCMR | CY2011 | BC-2011-02149
There is no evidence the applicant or the service member submitted an election for former spouse coverage under the SBP within one year following their divorce. There is no evidence the service member submitted a request for spouse coverage on his current spouses behalf. On 26 Jan 12, the Board staff notified the current spouse of the pending application before the Board which may affect her interests.
AF | BCMR | CY2012 | BC-2012-03655
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). However, there was no evidence that either the applicant or the former spouse made an election to change spouse...
AF | BCMR | CY2011 | BC-2011-03077
There is no evidence the applicant submitted a valid election to voluntarily change spouse to former spouse SBP coverage within the first year following their divorce as the law requires. On 25 May 11, a modification of the applicants Dissolution of Marriage order was filed, instructing him to make his former spouse the sole and irrevocable beneficiary of his SBP annuity. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR indicates that...
AF | BCMR | CY2011 | BC-2011-02192
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02192 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________ __ APPLICANT REQUESTS THAT: Her former spouses records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). The service member elected spouse only coverage under the SBP at full retirement pay. Since the applicant...
AF | BCMR | CY2012 | BC-2012-00454
To comply with federal law, AFAFC established spouse coverage based on full retired pay under the SBP, updated the applicant’s date of birth as the eligible spouse beneficiary and began deducting premiums from the service member’s retired pay. The DPSIAR complete evaluation is at Exhibit B. The Board has been advised that it can consider cases involving potential claims by more than one spouse or former spouse if there is evidence that the member or former spouse timely notified...
AF | BCMR | CY2012 | BC 2012 02752
The member did not request coverage for his former spouse be terminated and the fact that SBP premiums were deducted from his retired pay for over three years following their divorce are indicative of his intent to maintain the applicant as the eligible SBP beneficiary. There is no evidence of Air Force error in this case and absent a competing claimant, DPSIAR recommends the member's record be corrected to reflect on 10 Apr 2009, he elected to change SBP spouse to former spouse coverage...