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). APPLICANT CONTENDS THAT: He and his former spouse submitted an election for former spouse coverage at the same time in error. It was not their intention to elect former spouse coverage. There was no agreement for former spouse coverage in their divorce decree. He believes the wording of Former Spouse questions confused him and his former spouse, and the stress of the divorce affected their decision making. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 Jan 15, the Board staff requested the applicant provide a notarized statement from his former spouse relinquishing her entitlement to the SBP annuity. On 20 Jan 15, the applicant’s former spouse provided a notarized statement relinquishing her rights to any entitlements she was granted while married to the applicant. A review of the notarized statement found it to be inadequate and the applicant was asked to have his former spouse complete a signed notarized release of benefits affidavit. On 12 May 15, the applicant provided the signed notarized release of benefits affidavit from his former spouse. The remaining facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF recommends granting the requested relief. A spouse's eligibility to receive an SBP annuity terminates upon divorce. However, there are two mechanisms for changing spouse coverage to former spouse coverage. The service member may file and election change or the former spouse may request the service member be deemed to make an election on his or her behalf. The former spouse must provide legal documentation the service member agreed, or the court ordered the service member, to establish former spouse coverage. 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. The former spouse coverage is terminated when the spouse becomes an eligible beneficiary. There was no court ordered requirement for the applicant to elect former spouse coverage. Furthermore, it is reasonable to assume the applicant did not fully understand the effects of electing former spouse coverage when his intent was to suspend spouse coverage. The applicant elected spouse only coverage under SBP based on full retired pay prior to his 1 Oct 10 retirement. His spouse was also a retired service member. The parties divorced on 2 Feb 13 and the Marital Settlement Agreement (MSA) incorporated into the divorce decree was silent on SBP. On 22 Feb 13, they notified the SBP counselor at Tyndall AFB, FL that they both had inadvertently completed the forms to voluntarily change the spouse coverage to former spouse coverage. The Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) changed the applicant’s record to reflect his former spouse as the eligible former spouse beneficiary. Upon realizing they completed the incorrect election forms, the applicant and his former spouse completed the necessary paperwork to suspend their spouse coverage. DFAS-CL denied the applicant’s request because his former spouse coverage request had already been processed. The applicant’s former spouse request to suspend spouse coverage was honored. DFAS-CL records continue to reflect the applicant’s former spouse as the eligible former spouse beneficiary. A complete copy of the AFPC/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 21 Jul 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. After a thorough review of the evidence of record and the applicant’s complete submission, we believe that corrective action is warranted. While we concur with the OPR’s recommendation to correct the applicant’s record to reflect that he submitted a valid election to suspend spouse coverage under the survivor benefit plan (SBP), we believe the effective date of the election should be 2 Feb 13, instead of 1 Apr 13 as AFPC/DPFFF recommends. In this respect, we note that under the laws that govern SBP, spouse coverage terminates upon divorce. As the applicant and his spouse were divorced on 2 Feb 13, we believe it would be appropriate to recommend correcting the record to reflect that the applicant submitted a valid election to suspend spouse coverage on 2 Feb 13. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to reflect the following: a. On 2 February 2013, he submitted a valid election to suspend spouse coverage under the Survivor Benefit Plan. b. The DD Form 2656-1, Survivor Benefit Plan Election Statement for Former Spouse Coverage, dated February 22, 2013, be declared void and removed from his records. The following members of the Board considered AFBCMR Docket Number BC-2013-05605 in Executive Session on 17 Feb 15 and 15 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member ? All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05605 was considered: Exhibit A. DD Form 149, dated 3 Dec 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFFF, dated 19 Feb 14. Exhibit D. Letter, SAF/MRBR, dated 21 Jul 14. Exhibit E. Letter, AFBCMR, dated 15 Jan 15, w/atchs. Exhibit F. Letter, Former Spouse, dated 20 Jan 15. Exhibit G. Affidavit, Survivor Benefit Program – Release of Benefits, dated 13 May 15.