Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00018
Original file (BC 2014 00018.txt) Auto-classification: Approved
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 applicant’s 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 applicant’s 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 
applicant’s 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 
applicant’s 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 
applicant’s 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.


Similar Decisions

  • AF | BCMR | CY2013 | BC-2013-00425

    Original file (BC-2013-00425.txt) Auto-classification: Approved

    ________________________________________________________________ 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. As of this date, no response has been received by this office (Exhibit C). ...

  • AF | BCMR | CY2014 | BC 2014 02386

    Original file (BC 2014 02386.txt) Auto-classification: Denied

    In support of her request, the applicant provides a personal statement, copies of the former member’s death certificate, divorce decree, Separation and Property Settlement Agreement, marital status affidavit and various other documents associated with her request. None of the documents the applicant provided (Separation and Property Agreement or QDRO) had language that would entitle her to deem former spouse SBP coverage. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her attorney submitted...

  • AF | BCMR | CY2012 | BC 2012 05699

    Original file (BC 2012 05699.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05699 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: She be named as former spouse under the Survivor Benefit Plan (SBP). While we do not take issue with the applicant’s assertion that her divorce decree ordered her former husband to continue coverage for her under SBP, he failed to convert the coverage to...

  • AF | BCMR | CY2014 | BC 2014 00393

    Original file (BC 2014 00393 .txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00393 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her former spouse’s records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) APPLICANT CONTENDS THAT: Their divorce decree directed her former spouse to maintain her as the beneficiary under the SBP. The applicant and the deceased former member married on...

  • AF | BCMR | CY2014 | BC 2014 01582

    Original file (BC 2014 01582.txt) Auto-classification: Approved

    The Board should consider it in the interest of justice to consider his untimely application as it would be a great injustice if his former spouse’s present spouse were to die or they were to divorce and she were not entitled to the SBP again. The applicant and his former spouse were married on 21 Aug 71 and he elected spouse and child SBP coverage based on a reduced level of retired pay prior to his 1 Aug 91 retirement. Exhibit D. Letter, SAF/MRBR, dated 11 Jul 14.

  • AF | BCMR | CY2013 | BC 2013 05605

    Original file (BC 2013 05605.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05605 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to void his election for former spouse coverage under the Survivor Benefit Plan (SBP). If the service member voluntarily files an election for former spouse coverage, a request to change that election to spouse coverage may be made at any time after the service member remarries. As the...

  • AF | BCMR | CY2013 | BC 2013 03917

    Original file (BC 2013 03917.txt) Auto-classification: Approved

    There is no evidence the applicant or his former spouse submitted a valid election to change the SBP coverage from spouse to former spouse within one year following their divorce. In this respect, we note the comments of the Air Force office of primary responsibility (OPR) indicating that while there is no evidence the applicant or his former spouse submitted a valid former spouse election within one year of their divorce, SBP premiums continued to be deducted from the applicant’s retired...

  • AF | BCMR | CY2012 | BC-2012-04626

    Original file (BC-2012-04626.txt) Auto-classification: Approved

    ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, stating, in part, there is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedent's record be corrected to reflect on 1 Feb 94, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. Considering the applicant failed to execute a deemed...

  • AF | BCMR | CY2014 | BC 2014 02658

    Original file (BC 2014 02658.txt) Auto-classification: Denied

    The service member responded with a signed and notarized affidavit, dated 29 July 2014, which indicates he is currently married effective 16 November 2002 and his current spouse did not complete a Release of Benefits (Exhibit C). He did not request SBP benefits for his current spouse because he did not know that she was eligible. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was...

  • AF | BCMR | CY2013 | BC 2013 03921

    Original file (BC 2013 03921.txt) Auto-classification: Approved

    AIR FORCE EVALUATION: AFPC/DPFFF recommends granting relief. The parties divorced on 2 Dec 04, and in the Agreement, incorporated in the divorce decree, the decedent agreed to pay SBP premiums currently in place for the benefit of the applicant. SECRETARY OF THE AIR FORCE WASHINGTON JUL 2 2 2015 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Docket Number: BC-2013-03921 I have carefully reviewed the AFBMCR application...