RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02667 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His former spouse be able to receive Retirement/TRICARE benefits. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is not disputing the accuracy of his military record. He 
would like to request the resolution of an injustice so that his 
former spouse of 34 years receives earned retirement/TRICARE 
benefits. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted from 
the applicant’s military records, are contained in the letter 
prepared by the appropriate office of the Air Force at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial. DPTT states eligibility for ID card 
and related benefits under the Uniformed Services Former Spouses 
Protection Act (USFSPA) is determined by computing the amount of 
satisfactory service earned by the member during the period of 
marriage. A review of the applicant’s record indicates he 
completed over 37 years of service for basic pay from 
1975 through 2012; however, only 30 years and 3 months of this 
time was satisfactory service. During the period of marriage, 
from 20 September 1975 to 5 May 2009, the applicant completed 
19 years, 10 months, and 5 days of satisfactory service. 

 

 

 

 

 


On 23 May 2012, HQ ARPC informed the applicant his former spouse 
did not meet the basic eligibility criteria for DoD beneficiary 
requirements under the 20/20/20 rule as defined in AFI 36-3026 IP 
Volume 1, Chapter 3. 

 

Based on the basic eligibility criteria for DoD beneficiaries 
outlined in AFI 36-3026 IP Volume 1, Chapter 3, they are unable 
to authorize the applicant’s former spouse to receive benefits as 
a former spouse. 

 

The complete DPTT evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 7 August 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 30 days 
(Exhibit C). 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. After reviewing the 
applicant’s submission and the evidence of record, we are 
persuaded that relief is warranted. We believe, as the applicant 
contends, that had he known prior to his retirement that he would 
have been less than 2 months short of the 20 years of 
satisfactory service to entitle his former spouse to 
Retirement/TRICARE benefits, he would have stayed on active in 
order to ensure she was entitled to these benefits. Therefore, 
in view of the foregoing and in an effort to offset any 
possibility of an injustice, we recommend the applicant’s record 
should be corrected to be corrected to the extent indicated 
below. 

 

_________________________________________________________________ 

 

 

 

 

 

 

 

 


 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT, be corrected to show that he was 
credited with an additional 3 nonpaid inactive duty points for 
the retirement/retention year ending 24 April 1985, resulting in 
a total of 50 retirement points and a satisfactory year of 
Federal service. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-02667 in Executive Session on 21 February 2013, 
under the provisions of AFI 36-2603: 

 

 

All members voted to correct the record and recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2012-02667 was considered: 

 

 Exhibit A. DD Form 149, dated 17 June 2012, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 24 July 2012, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 7 August 2012.