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AF | BCMR | CY2013 | BC-2013-00363
Original file (BC-2013-00363 .txt) Auto-classification: Approved
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 
applicant’s 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/DPFFF’s recommendation that the applicant’s 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 applicant’s 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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