RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00018
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he made an election for
former spouse coverage under the Survivor Benefit Plan (SBP).
APPLICANT CONTENDS THAT:
He did not realize in order for his former spouse to receive an
SBP annuity he had to elect SBP coverage for her prior to his
retirement.
In support of his request, the applicant provides copies of his DD
Form 2656-1, SBP Election Statement for Former Spouse Coverage,
Judgment and Decree of Divorce, Mediation Agreement, Supplemental
Custody Order, and special orders,
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the Order Dividing Military Retirement, dated 4 Jun
13, on 11 Aug 87, the applicant and his former spouse were married
and the parties divorced on 17 Oct 07.
The Mediation Agreement, dated 17 Sep 07, incorporated in the
divorce decree, states in part that the former spouse may elect
to participate in the SBP and both parties shall execute any
documents necessary to allow the former spouse to elect SBP
benefits, including but not limited to DD Form 2293, Application
for Former Spouse Payments from Retired Pay.
The Order Dividing Military Retirement dated 4 Jun 13, requires
the applicant to elect the full survivor annuity benefits option
and states the former spouse shall be treated as the surviving
spouse for the purposes of the SBP and shall be the SBP
irrevocable beneficiary.
On 30 Aug 13, the applicant elected SBP coverage for his former
spouse.
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. Although the former spouse failed
to request a deemed election and the applicant failed to submit a
valid election for former spouse coverage prior to his retirement,
to deny the request would be to deny the former spouse an asset
awarded to her by the court.
On 30 Jul 10, the applicant remarried but declined SBP coverage
prior to his 1 Aug 12, retirement and his spouse concurred in his
election. Since his spouse concurred in the applicants election
to decline SBP coverage she is not an eligible beneficiary.
There is no evidence of an Air Force error; however, to preclude a
possible injustice, it would be appropriate to void the
applicants 8 Feb 12, election to decline SBP coverage and correct
his record to reflect he elected former spouse coverage based on
full retired pay effective 1 Aug 12, naming his former spouse as
the eligible beneficiary.
The complete DPFFF 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 25 Apr 14, for review and comment within 30 days (Exhibit D).
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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice. Having carefully reviewed this
application, with the exception of the effective date, we agree
with the recommendation of the Air Force Office of Primary
Responsibility (OPR) 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. We note the OPR recommends the
applicants records be corrected to reflect he elected former
spouse coverage based on full retired pay effective 1 Aug 12;
however, since an election to participate in the SBP programs are
generally made at the time of retirement, we recommend his records
be corrected to show that on 31 Jul 12, he elected former spouse
coverage based on full retired pay. Therefore, we recommend the
applicants records be corrected as indicated below.
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. The DD Form 2656, Data for Payment of Retired Personnel
dated 8 Feb 12, be voided.
b. On 31 July 2012, he submitted an election for former spouse
coverage 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-2014-00018 in Executive Session on 6 Jan 15, under the
provisions of AFI 36-2603:
Vice Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFFF, dated 21 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14.
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