RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01977
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected former spouse
coverage under the Survivor Benefit Plan (SBP) based on a full
coverage rather than reduced coverage.
________________________________________________________________
APPLICANT CONTENDS THAT:
Per their divorce decree, he was to provide the maximum coverage
for former spouse SBP. He thought he had to wait for an open
season to request the change in coverage.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is former service member who retired on 5 Aug 98.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
DFAS-JFBE/CL recommends denial indicating there is no evidence
of an error or an injustice. At the time of his retirement, the
applicant was married and elected SBP coverage for his spouse
with a reduced base amount. The parties divorced on 27 May 08
and his SBP coverage was changed from spouse to former spouse.
The laws governing SBP does not allow changing the original base
amount when changing the beneficiary from spouse to former
spouse. If the change in the initial election is changed to
reflect full coverage, the former spouse coverage will also be
based on full coverage. In addition, the premium cost for the
difference of the reduced and full coverage amount will be
collected and the applicants monthly SBP premiums will
increase.
A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 May 13 for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
________________________________________________________________
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 an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice.
We note, under the laws governing Survivor Benefit Plan members
are prohibited from increasing the base amount of coverage when
converting from spouse to former spouse coverage. 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2013-01977 in Executive Session on 25 Mar 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 12, w/atchs.
Exhibit B. Letter, DFAS-JFBE/CL, dated 17 May 13.
Exhibit C. Letter, SAF/MRBR, dated 28 May 13.
Panel Chair
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