RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02213
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her former husbands (decedent) records be corrected to show he
made a timely election for former spouse coverage under the
Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
The decedent had a letter stating he continued to pay for SBP
because he wanted her to receive it.
In support of her request, the applicant provides a personal
statement, copies of the decedents Retiree Account Statement,
death certificate, and the decedents memorandum to DFAS.
Her 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:
AFPC/DPFFF recommends approval. DPFFF states that although the
member failed to submit an election to establish former spouse
coverage, he did not request the applicant's coverage be
terminated. His willingness to accept a reduction in his
retired pay for over nine years after his divorce is indicative
of his intention 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, DPFFF recommends the
member's record be corrected to reflect on 6 May 1999, he
elected to change SBP spouse to former spouse coverage based on
the previous reduced level of retired pay, naming the applicant
as the former spouse beneficiary. Approval should be
contingent upon recovery of any applicable premiums.
The complete DPFFF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 Jul 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
_______________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the facts and circumstances of this case, we
agree with AFPC/DPFFFs recommendation that the members records
should be corrected to reflect that he made a valid election for
former spouse coverage, based on a reduced level of retired pay
effective 6 May 1999. Therefore, we recommend the members
records be corrected as set forth below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to MEMBER, be corrected to show that on 6 May
1999, he elected former spouse coverage under the Survivor
Benefit Plan, based on a reduced level of retired pay naming his
former spouse as the former spouse beneficiary.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 5 Feb 2014, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2013-
02213:
Exhibit A. DD Form 149, dated 2 May 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 1 Jul 2013.
Exhibit C. Letter, SAF/MRBR, dated 24 Jul 2013.
Panel Chair
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