RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01283
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouses records be corrected to establish former
spouse coverage under the Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She was married to her former spouse for 12 years of his active
duty service and is entitled to military retirement benefits.
However, upon his retirement, he failed to list her as his
surviving spouse.
In support of her request, the applicant provides copies of her
marriage license and divorce decree.
The applicant's 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. Accordingly, there is no need to recite these facts in
this Record of Proceedings. "
________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JFBE/CL recommends denial. DFAS states that the former
member declined to participate in the SBP; therefore, no annuity
is payable and there are no monies due the applicant.
The SBP, as outlined in Title 10, United States Code, Sections
1447-1455, was enacted on 21 Sep 72 to allow retired members of
the Uniformed Service an opportunity to provide a portion of
their retired pay to their surviving beneficiaries.
The records show that the applicant and her former spouse were
married on 7 Nov 64, and he declined SBP coverage prior to his
1 May 83 retirement. The parties divorced on 6 Oct 75.
The complete DFAS-JFBE/CL evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 Apr 13, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
C). As of this date, this office has received no response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt
their 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.
________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered Docket Number
BC-2013-01283 in Executive Session on 23 Dec 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2013-01283 was considered:
Exhibit A. DD Form 149, dated 7 Mar 13, w/atchs.
Exhibit B. Letter, DFAS-JFBE/CL, dated .
Exhibit C. Letter, SAF/MRBR, dated 19 Apr 13.
Panel Chair
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The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial, indicating there is no evidence of an error or injustice. The deceased former member retired on 31 May 96 and declined SBP coverage. The applicant became entitled to DIC...
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APPLICANT CONTENDS THAT: At the time of his retirement, he elected spouse and child coverage; however, due to his divorce the, SBP coverage was changed to former spouse and child. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice. ...
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DFAS indicates that according to the law, they cannot discontinue the applicants SBP coverage. The evidence indicates the applicant did not make an SBP election by completing a DD Form 2656 prior to his retirement; therefore, since he was married at the time of his retirement, automatic coverage was established. Exhibit C. Letter, SAF/MRBR, dated 2 May 14.
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His former spouse has been receiving a portion of his military retirement and remained eligible to be the beneficiary of his SBP up until her subsequent marriage. The correct date of marriage is 7 Dec 04. Neither the applicant nor his current spouse dispute the fact that his first former spouse is the rightful beneficiary of the SBP.