RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02594
XXXXXXX (DECEASED) COUNSEL: NONE
XXXXXXX (APPLICANT) 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:
Her eligibility status was not changed at the time of their
divorce and she is unable to process a claim until her status is
changed to former spouse.
In support of her request, the applicant provides copies of her
birth certificate, the decedents death certificate, marriage
certificate, Divorce Decree, and Property Settlement.
Her complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The decedent and the applicant were married on 5 Jun 1982 and
divorced on 12 Sep 2002. According to their divorce decree,
the decedent agreed to maintain the applicant as the SBP
beneficiary.
________________________________________________________________
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 six years after divorce is indicative of
his intention to maintain the applicant as the eligible SBP
beneficiary. To deny the applicant's request would deny an
asset awarded to her by the court. DPFFF recommends the
members record be corrected to reflect on 13 Sep 2002, he
elected to change SBP spouse to former spouse coverage based on
full retired pay, naming the applicant as the former spouse
beneficiary.
The complete DPFFF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 Aug 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
carefully reviewing this application, we agree with the opinion
and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis
for our decision the applicant has been a victim of error or
injustice. Therefore, we recommend the applicants 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 13 Sep
2002, he elected to change SBP spouse to former spouse coverage
based on full retired pay, naming the applicant as the former
spouse beneficiary. Approval should be contingent upon recovery
of any applicable premiums.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 19 Mar 2013, under the provisions of AFI
36-2603:
, Vice Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence pertaining to AFBCMR BC-2013-
02594 was considered:
Exhibit A. DD Form 149, dated 28 May 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 8 Aug 2013.
Exhibit C. Letter, SAF/MRBR, dated 23 Aug 2013.
Vice Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
8
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
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