RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00425
XXXXXXX COUNSEL: XXXXXXXX
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His former spouse be entitled to benefits under the Survivor
Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
His court order, dated 10 Apr 01, provides that his former
spouse was to receive the SBP annuities.
Due to the length of time between the divorce (1999) and his
application for retired pay (2006), he inadvertently did not
check the proper option which would have executed survivor
benefits for his former spouse. On 15 May 12, he became aware
of this error when he received an email from his former spouse.
In support of his appeal, the applicant provides copies of his
divorce decree, DD Form 2656, Data for Payment of Retired
Personnel, dated 23 Oct 06; email to applicants counsel from
his former spouse, dated 15 May 12; letter from counsel to the
Defense Finance and Accounting Services (DFAS), dated 25 Jul 12,
and various other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 24 Jan 75, the applicant and his former spouse were married.
On 5 Oct 95, the applicant retired from the Air Force Reserve.
On 5 May 96, the applicant was automatically enrolled in the
Reserve Component Survivor Benefit Plan (RCSBP) under Option C
deferred until age 60.
On 8 Feb 99, the applicant and his former spouse divorced.
On 25 Jan 07, the applicants name was placed on the USAF
Retired List with authorization to receive retired pay. On this
same date, the applicant declined SBP coverage.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval, stating, in part, there is no
evidence of Air Force error; however, to preclude an injustice,
it would be appropriate to correct the applicant's record to
show he elected former spouse coverage based on full retired pay
effective 25 Jan 07, naming the former spouse as the eligible
beneficiary. Approval should be contingent upon recoupment of
any applicable premiums.
The divorce decree awarded the former spouse the "maximum
possible Survivor Benefit Plan Annuity" under the applicant's
military retirement and he agreed to take all necessary steps to
elect his former spouse as the designated beneficiary. There is
no evidence the former spouse submitted a deemed election to
DFAS-CL within the required time. Neither party has remarried.
To deny the request would be to deny the former spouse an asset
awarded to her by the court.
The complete DPFFF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 3 Jun 13 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit C).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice warranting corrective
action. Although we find no evidence of an error on the part of
the Air Force, after careful consideration of the applicants
submission, we believe that his former spouse should be
designated as the eligible beneficiary for his SBP annuity. We
note that DPFFF recommended his records be corrected to show
that he elected former spouse coverage based on full retired pay
effective 25 Jan 07; however, since SBP elections must be made
prior to retirement, DPFFF has advised us that the SBP election
date should now reflect 24 Jan 07. Therefore, we agree with the
recommendations of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis
for our decision that the applicant has been the victim of
either an error or an injustice. Accordingly, we recommend the
applicant's records be corrected as indicated 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
24 Jan 07, he elected former spouse coverage under the Survivor
Benefit Plan (SBP) based on full retired pay, naming his former
spouse as the eligible former spouse beneficiary.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-00425 in Executive Session on 7 Nov 13, under the
provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jan 13, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 16 May 13.
Exhibit C. Letter, SAF/MRBR, dated 3 Jun 13.
Panel Chair
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