RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02744
		INDEX CODE:  137.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been paying for SBP since he retired in 1990 and it would be a tremendous hardship on his former spouse because her only source of income is social security.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant and his former spouse were married on 20 Aug 64.  Prior to his 1 Aug 90 retirement, he elected spouse-only SBP coverage based on full retired pay.  The applicant’s divorce was finalized on 31 Oct 06 and in the Permanent Orders he agreed to maintain her as the beneficiary to the SBP.  Neither his former-spouse nor the applicant submitted an election for former-spouse coverage within the first year following their divorce.  Neither party has remarried and the SBP premiums continue to be deducted from his retired pay and the Defense Finance and Accounting Service-Cleveland (DFAS-CL) reflects his former-spouse as the eligible spouse beneficiary.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIAR recommends the record be corrected to reflect the applicant changed his spouse only coverage to former-spouse 
contingent upon recoupment of any applicable premiums and a properly completed DD Form 2656-1.

AFPC/DPSIAR’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to applicant on 31 Oct 08 for review and response within 30 days.  As of this date, no response has been received by this office.

On 24 Nov 08, the Board staff requested the applicant provide a notarized DD Form 2656-1.  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 injustice.  After thoroughly reviewing the evidence of record, we agree with the recommendation of the Air Force office of primary responsibility that the applicant's records should be corrected to reflect that he elected to change his spouse-only coverage to former spouse coverage under the SBP.  In view of the foregoing, we recommend his records be corrected to the extent 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 1 November 2006, he elected to change his Survivor Benefit Plan (SBP) from "spouse only coverage" to "former spouse coverage," based on full retired pay, naming XXXXXXXXXXXXXXXXXX as the eligible beneficiary.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2008-02744 in Executive Session on 29 Jan 09, 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 12 Jul 088, w/atch.
	Exhibit B.	Letter, HQ AFPC/DPSIAR, dated 18 Sep 088.
	Exhibit C.	Letter, SAF/MRBR, dated 31 Oct 08.
	Exhibit D.	Letter, SAF/MRBC, dated 24 Nov 08.

					
					Panel Chair 

AFBCMR BC-2008-02744

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 November 2006, he elected to change his Survivor Benefit Plan (SBP) from "spouse-only coverage" to "former spouse coverage," based on full retired pay, naming XXXXXXXXXXXXXXXXXX as the eligible beneficiary.

			
			Director
			Air Force Review Boards Agency