RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03917

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he made a timely election 
for former spouse coverage under the Survivor Benefit Plan 
(SBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

A copy of the divorce decree was provided to Elmendorf AFB 
shortly after the divorce was final.  He has been paying for SBP 
since his retirement and his former spouse deserves to receive 
the benefit.

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

________________________________________________________________

STATEMENT OF FACTS:

On 12 May 14, the Board staff requested the applicant and his 
former spouse provide documentary evidence of their current 
marital status.  In response, the applicant provided signed 
notarized affidavits attesting that neither he nor his former 
spouse has remarried.

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:

AFPC/DPFFF recommends granting the request to preclude a 
possible injustice.  A spouse's eligibility to receive an SBP 
annuity terminates upon divorce.  However, there are two 
mechanisms for changing spouse coverage to former spouse 
coverage.  The former service member may file an election change 
or the former spouse may request the service member be deemed to 
make an election on his or her behalf.  One of these actions 
must be exercised within the first year following the divorce.  
In the latter case, the former spouse must provide legal 
documentation the service member agreed, or the court ordered 
the service member, to establish former spouse coverage.  If 
neither party requests the election change during the one-year 
eligibility period, former spouse coverage may not be 
established thereafter.  If the service member fails to notify 
the Defense Finance and Accounting Service-Cleveland Center 
(DFAS-CL) of the divorce and continues to pay SBP premiums 
afterwards, the former spouse is not eligible for annuity 
payments upon the service member's death.

The applicant was married and elected spouse only SBP coverage 
based on full retired pay prior to his 1 Aug 90 retirement.  On 
29 Jul 96, they divorced, and in the divorce decree, the 
applicant agreed to maintain his former spouse as the 
beneficiary under the SBP.  There is no evidence the applicant 
or his former spouse submitted a valid election to change the 
SBP coverage from spouse to former spouse within one year 
following their divorce.  The SBP premiums continued to be 
deducted from his retired pay and the records at the finance 
center reflect his former spouse as the eligible spouse 
beneficiary.  Neither party has remarried, and there is no 
competing claimant.

A complete copy of the AFPC/DPFFF 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 6 Jan 14 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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After a 
thorough review of the applicant’s complete submission and the 
evidence of record, we believe the applicant has been the victim 
of an error or injustice.  In this respect, we note the comments 
of the Air Force office of primary responsibility (OPR) 
indicating that while there is no evidence the applicant or his 
former spouse submitted a valid former spouse election within 
one year of their divorce, SBP premiums continued to be deducted 
from the applicant’s retired pay and official records continue 
to reflect the former spouse as the eligible spouse beneficiary.  
Considering these facts and that denial of the applicant’s 
request would deprive the former spouse of an asset awarded by 
the court, we believe it is in the interest of justice to grant 
the requested relief.  Therefore, we concur with the findings 
and recommendation of the Air Force office of primary 
responsibility and recommend the former service member’s records 
be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the FORMER SERVICE MEMBER be corrected to show 
that on 30 Jul 96, he elected former spouse coverage under the 
Survivor Benefit Plan (SBP), naming the APPLICANT as the former 
spouse beneficiary based on full retired pay.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03917 in Executive Session on 29 May 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Jul 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPFFF, dated 30 Sep 13.
	Exhibit C.  Letter, SAF/MRBR, dated 6 Jan 14.
	Exhibit D.  Letter, AFBCMR, dated 12 May 14, w/atchs.
	Exhibit E.  Notarized Affidavits, dated 27 May 14 and 
	            10 Jun 14.




                                   Panel Chair
                                    



DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC

Office of the Assistant Secretary


AFBCMR BC-2013-03917



MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code, it is directed that:

	The pertinent military records of the Department of the Air Force relating to       , be 
corrected to show that on 30 Jul 96, he elected former spouse coverage under the Survivor 
Benefit Plan (SBP), naming              as the former spouse beneficiary, based on full retired pay.




						   Director
						   Air Force Review Boards Agency























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