AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01105
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
She receive former spouse coverage under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her divorce decree stipulates that her former spouse will list
her as the beneficiary of the SBP. She was unaware she needed
to notify the Defense Finance and Accounting Service (DFAS)
within one year of their divorce.
In support of her request, the applicant provides copies of
DFAS-CL 7220/148, Retiree Account Statement; AOC-SP-600,
Application/Notice of Resumption of Former Name; AOC-SP-601/DHHS
1053, Order and Certificate of Name Change and her divorce
decree.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 Sep 91, the applicant and her former spouse were married,
and he elected spouse and child SBP coverage based on full
retired pay prior to his 1 Aug 07 retirement. On 8 Jun 09, the
parties divorced, and in the court order, incorporated in the
divorce decree, the member agreed to continue to list the
applicant as the SBP beneficiary.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR recommends approval. DPSIAR states there is no
evidence either party submitted a valid former spouse election
within the first year following their divorce as the law
requires. SBP premiums continue to be deducted from the member’s
retired pay and DFAF-CL records continue to erroneously reflect
the applicant’s name and date of birth as the eligible spouse
beneficiary.
DPSIAR states there is no evidence of Air Force error and absent
evidence of a competing spouse it would be appropriate to enforce
the parties’ court-ordered agreement to continue SBP coverage in
the applicant’s behalf. They cannot confirm if either party has
remarried.
The complete DPSIAR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 May 12 for review and comment within 30 days.
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.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the facts and circumstances of this case, we
are not persuaded that relief is warranted. Although the Air
Force office of primary responsibility recommends approval, in
the absence of evidence confirming there is no competing spouse,
we do not believe the record should be disturbed. We note the
applicant has been notified on numerous occasions to provide
additional documentation, i.e., a notarized statement from her
former spouse confirming he has not remarried. However, she has
not provided the requested information. Should the applicant
provide the notarized statement from her former spouse, we would
be willing to reconsider her request. In the absence of such
evidence, 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
2
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01105 in Executive Session on 29 Jan 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
Exhibit A. DD Form 149, dated 27 Mar 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 23 Apr 12.
Exhibit C. Letter, SAF/MRBR, dated 11 May 12.
The following documentary evidence was considered:
Panel Chair
3
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