RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02115 INDEX CODE:	137.04
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Corrective action be taken to reflect that her former spouse elected former spouse coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:
Correction is needed to comply with a court order. He was not aware that he had to file for a change in spouse coverage.

In support of her application, the applicant provides a copy of her retired pay check, a letter from the Defense Finance and Accounting Service, Cleveland, OH (DFAS-CL), and a copy of her divorce decree.

Applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 31 October 2000, the member filled out an ARPC 123, Reserve Component Survivor Benefit Plan (RCSPB) Election Certificate, which reflected his election of Immediate Annuity for spouse and child based on full retired pay. By law, the RCSBP election is irrevocable unless there is a change in marital status. If the member loses his spouse by divorce, he or she has one year from the date of divorce to elect to change in SBP to former spouse coverage.

The parties divorced on 20 March 2006 and the divorce decree ordered that the member continue SBP on the former spouse’s behalf. However, neither party submitted a valid election change during the first  year following the date the divorce was finalized.

AIR FORCE EVALUATION:
ARPC/DPP recommends denial and states member and former spouse failed to request former spouse coverage within one year as required by Title 10, USC, Section 1448 (3)(A)(iii).

ARPC/DPP’s complete evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 27 June 2008, for review and comment within 30 days. 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 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 warranting relief. After thoroughly reviewing the circumstances of this case, it is the Board's opinion that, as there is no current spouse, the former spouse should receive SBP coverage at the full level of retired pay to comply with the divorce decree awarding the asset to her by the court. Therefore, we recommend that the service member’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 12 March 1993, he elected to change his SBP election from "spouse and child" coverage to "former spouse coverage" based on full retired pay, naming --------- as the eligible beneficiary.

The following members of the Board considered Docket Number BC- 2008-02115 in Executive Session on 25 September 2008, under the provisions of AFI 36-2603:

, Panel Chair, 
Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02115 was considered:

Exhibit A. DD Form 149, dated 4 Jun 08. Exhibit B. Letter, ARPC/DPP, dated 24 Jun 08. Exhibit C. Letter, SAF/MRBR, dated 27 Jun 08.

Panel Chair