RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05212
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His former spouse be reinstated as the beneficiary under the Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He unintentionally released his former spouse from the SBP. After reading an article in the Afterburner, he thought that it was alright to take his former spouse off of the SBP but forgot about the Qualified Domestic Relations Order (QDRO) in his divorce settlement that prohibited him from taking such an action.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. The applicant and his former spouse married on 16 Dec 88. Prior to retiring on 1 Oct 00, the applicant elected spouse and child coverage based on full retired pay under the SBP. The parties divorced on 2 Aug 07 and the QDRO, effective 7 Apr 09, awarded SBP to the former spouse. There is no evidence or record that either party submitted a valid election to establish former spouse SBP coverage within the first year following their divorce as the law requires. The Defense Finance Accounting System (DFAS) records reflect the applicants former spouse as the eligible spouse beneficiary and premiums were deducted from his retired pay until Dec 11. On 13 Oct 11, the applicant submitted a request to suspend spouse coverage and DFAS suspended the spouse portion retroactive to the date of their divorce and refunded the overpaid premiums. There is no indication that the applicant or the former spouse remarried.
While there is no evidence of an error on the part of the Air Force, it would be in the interest of justice to correct the record to show the applicant submitted a valid request for former spouse and child SBP coverage based on full retired pay, effective 1 Apr 09.
A complete copy of the AFPC/DPFFF evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 31 Mar 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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. The applicant contends he unintentionally released his former spouse from the SBP after reading an article in the Afterburner. He forgot about the QDRO in his divorce settlement that prohibited him from taking such an action. While there is no evidence of an Air Force error, we believe a preponderance of the evidence supports corrective action. In this respect, we note the comments by AFPC/DPFFF indicating despite the applicants failure to submit a valid former spouse election change, to deny his request would be to deny the former spouse an asset she was awarded by the court. Therefore, we recommend his records be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:
a. On 3 August 2007, pursuant to a valid court order, he elected former spouse and child coverage based on full retired pay under the Survivor Benefit Plan (SBP), contingent upon recoupment of any applicable premiums.
b. His 13 October 2011 child only SBP election be declared void and removed from his records.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05212 in Executive Session on 29 Aug 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 6 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 20 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 31 Mar 13.
Panel Chair
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