RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00930
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show that he elected former spouse
coverage under the Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
This correction is required to meet a court order as specified
in his divorce decree.
In support of his request the applicant submitted copies of his
retiree account statement, DD Form 214, Certificate of Release
or Discharge from Active Duty, and documents pertaining to his
divorce.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents submitted by the applicant, he retired
from the Air Force on 31 December 2007, in the grade of Master
Sergeant, E-7.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
1. The Defense Finance Accounting Service (DFAS) Retirement and
Annuitant office recommends denial. DFAS states the applicant was
required to request a change of his SBP beneficiary from spouse to
former spouse within one-year of his 6 May 2010, divorce.
Therefore, in accordance with the law, they cannot change his SBP
beneficiary at this time.
2. The applicant was provided automatic SBP coverage on
1 January 2008, his effective date of retirement. On
2 December 2010, they received a fax from the applicant requesting
that, due to their divorce, 50% of his retirement pay be sent to
his former spouse. Upon receipt of his request, the documents
were forwarded to their Legal Department to establish the
payments. The applicants former spouse was also awarded SBP
coverage; however, at that time, he did not request that they
change his SBP beneficiary from spouse to former spouse. Their
Retired Pay office should have sent the applicant a letter
informing him that he needed to advise them that he wanted his SBP
beneficiary to change from spouse to former spouse in accordance
with his divorce decree. They were unable to confirm whether or
not he was sent such a letter.
3. The applicants SBP deductions will be suspended since he has
not had an eligible beneficiary as of 1 June 2010. As a result,
he is due a refund of SBP premiums paid for the period
1 June 2010, through current.
The complete DFAS 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 14 April 2013 for review and comment within 30 days
(Exhibit D). To date, a response has not been received.
________________________________________________________________
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 error or injustice. After
thoroughly reviewing the circumstances of this case, the Board
notes the comments of the DFAS Retirement and Annuitant office,
indicating the applicant did not request a change in his SBP
beneficiary from spouse to former within one year of his divorce
and therefore his request should be denied. However, we believe
the applicant was not aware of the requirement to request a
change of beneficiary from spouse to former spouse notably
because monthly premiums continued to be deducted, unquestioned,
from his retired pay. Moreover, we note the OPR also indicated
they could not confirm a letter was sent to the applicant
informing him that he needed to advise them to change his SBP
beneficiary from spouse to former spouse in accordance with his
divorce decree. Therefore, in consideration of all of the
circumstances of this case and in an effort to offset any
possibility of an injustice, we recommend his 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
6 May 2010, he elected former spouse coverage under the Survivor
Benefit Plan (SBP), based on full retired pay, naming his former
spouse as the former spouse beneficiary.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 7 November 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2013-00930:
Exhibit A. DD Form 149 dated 18 February 2013, w/atchs.
Exhibit C. Letter, DFAS/CL, dated 5 April 2013.
Exhibit D. Letter, SAF/MRBR, dated 14 April 2013.
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