RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-00426 

 INDEX CODE: 137.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His records be corrected to change his Survivor Benefit Plan 
(SBP) from spouse to former spouse coverage. 

 

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APPLICANT CONTENDS THAT: 

 

In his current divorce decree/settlement agreement he agreed to 
continue SBP coverage for his former spouse. He was unaware 
that he was required to notify, Defense Finance and Accounting 
Service(DFAS) within 12 months of the divorce or to submit a 
signed DD Form 2656 -1, Survivor Benefit Plan (SBP) Election 
Statement for Former Spouse Coverage. The premiums continue to 
be deducted from his pay to ensure his former spouse receives 
the SBP annuity. He has now learned that without this DD Form 
149, Application for Correction of Military Record being 
approved and his beneficiary category corrected to reflect 
former spouse, no annuity is payable. 

 

In support of his request, the applicant provided a copy of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge; DD Form 2656-1 and copies of his divorce 
decree with settlement agreement. 

 

His complete submission, with attachments, is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant was married on 28 March 1957 and he elected 
spouse and child SBP coverage based on a reduced level of 
retired pay prior to his 1 February 1978 retirement. The 
youngest child lost eligibility in June 1993 due to age. The 
parties divorced 26 April 2004, and the divorce decree ordered 
she remain the irrevocable SBP beneficiary; however, there is 
no evidence either party submitted a valid former spouse 
election within the one year period following the divorce as 



the law requires. The applicant and his current spouse married 
on 23 July 2004, but he did not notify the finance center of 
the change in his marital status or request that spouse 
coverage be established on his new wife's behalf. DFAS-CL 
erroneously reflects his former spouse as the eligible spouse 
beneficiary and premiums continue to be 
deducted from the member’s retired pay. 

 

On 7 July 2008, his current spouse relinquished her rights to 
claim the SBP annuity. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPPTR indicates since the request involves two potential 
SBP beneficiaries, no recommendation is provided (Exhibit B). 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 19 May 2008, for review and response within 30 
days. As of this date, this office has received no response 
(Exhibit C). 

 

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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 error or injustice. After a 
thorough review of the evidence of record and noting that the 
applicant's current spouse has provided a notarized statement 
indicating that she concurs with the request and fully 
understands the ramifications thereof, we believe that in the 
interest of justice favorable action is warranted. 
Accordingly, it is our recommendation that the applicant's 
records be corrected to the extent set forth below. 

 

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THE BOARD DETERMINES THAT: 



 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 27 
April 2004, he elected former spouse coverage under the 
Survivor Benefit Plan (SBP) based on a reduced level of retired 
pay, naming XXXXXXX as the former spouse beneficiary. 

 

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The following members of the Board considered Docket Number BC-
2008-00426 in Executive Session on 25 September 2008, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 December 2007, w/atchs. 

 Exhibit B. Letter, HQ AFPC/DPSIAR, dated 12 March 2008. 

 Exhibit C. Letter, AFBCMR, dated 19 May 2008, w/atchs.