RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00018 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect that he made an election for former spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: He did not realize in order for his former spouse to receive an SBP annuity he had to elect SBP coverage for her prior to his retirement. In support of his request, the applicant provides copies of his DD Form 2656-1, SBP Election Statement for Former Spouse Coverage, Judgment and Decree of Divorce, Mediation Agreement, Supplemental Custody Order, and special orders, The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the Order Dividing Military Retirement, dated 4 Jun 13, on 11 Aug 87, the applicant and his former spouse were married and the parties divorced on 17 Oct 07. The Mediation Agreement, dated 17 Sep 07, incorporated in the divorce decree, states in part that the former spouse “may elect to participate in the SBP and both parties shall execute any documents necessary to allow the former spouse to elect SBP benefits, including but not limited to DD Form 2293, Application for Former Spouse Payments from Retired Pay.” The Order Dividing Military Retirement dated 4 Jun 13, requires the applicant to elect the full survivor annuity benefits option and states the former spouse shall be treated as the surviving spouse for the purposes of the SBP and shall be the SBP irrevocable beneficiary. On 30 Aug 13, the applicant elected SBP coverage for his former spouse. AIR FORCE EVALUATION: AFPC/DPFFF recommends approval. Although the former spouse failed to request a deemed election and the applicant failed to submit a valid election for former spouse coverage prior to his retirement, to deny the request would be to deny the former spouse an asset awarded to her by the court. On 30 Jul 10, the applicant remarried but declined SBP coverage prior to his 1 Aug 12, retirement and his spouse concurred in his election. Since his spouse concurred in the applicant’s election to decline SBP coverage she is not an eligible beneficiary. There is no evidence of an Air Force error; however, to preclude a possible injustice, it would be appropriate to void the applicant’s 8 Feb 12, election to decline SBP coverage and correct his record to reflect he elected former spouse coverage based on full retired pay effective 1 Aug 12, naming his former spouse as the eligible beneficiary. The complete 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 25 Apr 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. Having carefully reviewed this application, with the exception of the effective date, we agree with the recommendation of the Air Force Office of Primary Responsibility (OPR) and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. We note the OPR recommends the applicant’s records be corrected to reflect he elected former spouse coverage based on full retired pay effective 1 Aug 12; however, since an election to participate in the SBP programs are generally made at the time of retirement, we recommend his records be corrected to show that on 31 Jul 12, he elected former spouse coverage based on full retired pay. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. The DD Form 2656, Data for Payment of Retired Personnel dated 8 Feb 12, be voided. b. On 31 July 2012, he submitted an election for former spouse coverage based on full retired pay naming his former spouse as the eligible former spouse beneficiary. The following members of the Board considered AFBCMR Docket Number BC-2014-00018 in Executive Session on 6 Jan 15, under the provisions of AFI 36-2603: Vice Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Dec 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFFF, dated 21 Mar 14. Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14.