RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00363
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he made a timely election for
former spouse coverage under the Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
The proper office did not receive his DD Form 2656-1, SBP
Election Statement for Former Spouse Coverage, in the time
allotted.
In support of his request, the applicant provides a copy of DD
Form 2656-1.
His complete submission, with attachment, 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 since there
is no competing claimant and there was no provision in law to
permit the member to elect former spouse coverage for his first
former spouse prior to his retirement, it would be appropriate
to allow the applicant to name her as the former spouse
beneficiary. There is no evidence of Air Force error in this
case; however, in the interest of justice, DPFFF recommends the
applicants record be corrected to show he elected SBP former
spouse coverage based on full retired pay effective 7 Jan 1994,
with his former spouse as beneficiary. Approval should be
contingent upon recovery of appropriate retroactive costs.
The complete DPFFF evaluation is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Jun 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 injustice. There is no evidence
of Air Force error; however, to preclude an injustice, we agree
with AFPC/DPFFFs recommendation that the applicants records
should be corrected to reflect that he made a valid election
based on full retired pay effective 7 Jan 1994, naming his
former spouse as the eligible former spouse beneficiary.
Accordingly, 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 APPLICANT, be corrected to show that on 7 Jan
1994, he elected former spouse coverage under the SBP, based on
full retired pay, naming his former spouse as the eligible
beneficiary.
_______________________________________________________________
The following members of the Board considered AFBCMR BC-2013-
00363 in Executive Session on 30 Sep 2013, 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-
00363:
Exhibit A. DD Form 149, dated 16 Jan 2013, w/atch.
Exhibit B. Letter, AFPC/DPFFF, dated 3 Jun 2013.
Exhibit C. Letter, SAF/MRBR, dated 21 Jun 2013.
Panel Chair
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