RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-01140
      COUNSEL: NONE
                        			HEARING DESIRED: NO

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APPLICANT REQUESTS THAT: 

His record be corrected to change his election from “Former 
Spouse and Child” coverage to “Suspend Coverage” under the 
Survivor Benefit Plan (SBP).  

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APPLICANT CONTENDS THAT:

Upon his divorce, the Defense Finance and Accounting Service 
(DFAS) advised him to fax a copy of his original divorce decree 
and a completed copy of DD Form 2656-1, Survivor Benefit Plan 
(SBP) Election Statement for Former Spouse Coverage.  Since his 
divorce decree does not have a provision for his former spouse 
to receive benefits, nor does he have a minor child, DFAS should 
have advised him to fill out and fax a completed DD Form 2656-6, 
Survivor Benefit Plan Election Change Certificate, rather than 
the DD Form 2656-1.  

In support of his appeal, the applicant provides a copy of his 
divorce decree.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant elected spouse and child SBP coverage effective 
1 September 1987, upon retirement.  He divorced on 8 January 
2013.  On 11 January 2013, DFAS received a DD Form 2656-1 from 
the applicant requesting to change his SBP election, due to 
divorce, from spouse and child coverage to former spouse and 
child coverage.  Effective 8 January 2013, the applicant’s SBP 
was changed to former spouse and child coverage.

The remaining relevant facts, extracted from the applicant’s 
military personnel records, are contained in the evaluation by 
the Air Force office of primary responsibility at Exhibit C.   

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AIR FORCE EVALUATION:

DFAS-JFBE/CL recommends denial.  DFAS states that according to 
law, they cannot change a valid SBP election.  The applicant did 
make a valid SBP election to change from spouse and child 
coverage to former spouse and child coverage.  Although the 
applicant contends that DFAS advised him to complete and fax a 
DD Form 2656-1 rather than a DD Form 2656-6, they cannot verify 
if he received incorrect information from DFAS.  The form is not 
required to suspend SBP coverage due to divorce.  A letter and a 
copy of the divorce decree from the applicant would suffice to 
suspend SBP coverage.  

The applicant’s 18 year-old daughter is an eligible beneficiary 
if she is not married and is attending school full-time.  If she 
does not qualify as an eligible beneficiary, the applicant can 
notify their office by letter and they will remove the child 
coverage from his SBP election and discontinue the premium for 
the child cost portion.  Should he remarry in the future, he may 
then choose whether to cover his new spouse or not.  This must 
be done within one year of marriage or his new spouse would 
automatically be covered.

The complete DFAS-JFBE/CL evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

When he first elected SBP spouse and child coverage on 
1 September 1987, he was still married to his first wife with 
child coverage for their two sons.  He subsequently divorced his 
first wife in May 1988 and married his second wife on 10 August 
1990.  He and his second wife divorced on 8 January 2013.  

He was not fully informed of his options regarding SBP or of the 
fact that once he completed the DD Form 2656-1, that he could 
not change it.  It should not be incumbent upon him to bear the 
burden of DFAS’ lack of clarity.  DFAS’ comment that they cannot 
verify if he received incorrect information from DFAS not only 
questions his integrity, but also his character as a 20-year 
veteran of the Air Force.  He feels he deserves more respect 
than that.  His divorce decree makes it quite clear that his 
former spouse is not entitled to SBP or any other retirement 
plan in his name.  Furthermore, given the fact that their 
divorce was a highly contentious and contested divorce, he would 
not have voluntarily elected to give his former spouse SBP when 
the court did not order him to do so.  

The applicant’s complete rebuttal is at Exhibit E.  

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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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After 
reviewing the evidence of record, we are not persuaded that the 
applicant has been the victim of an error or injustice.  The 
evidence indicates the applicant made a valid SBP election to 
change from spouse and child to former spouse and child 
coverage.  The applicant’s contention that he was not fully 
informed of his options regarding SBP was noted; however, he has 
provided no evidence that would lead us to believe that he was 
misled or that he received inaccurate information.   Therefore, 
we agree with the opinion and recommendation of DFAS-JFBE/CL and 
adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01140 in Executive Session on 8 January 2013, 
under the provisions of AFI 36-2603:

	                   , Panel Chair
	                   , Member
			                   , Member



The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-01140:

	Exhibit A.  DD Form 149, dated 26 Feb 13, w/atch.
	Exhibit C.  Letter, DFAS-JFBE/CL, dated 10 Apr 13.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Apr 13.
	Exhibit E.  Letter, Applicant, dated 19 Apr 13.




					                    
								Panel Chair
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