RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04555

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His survivor benefit plan (SBP) election be changed from former spouse to spouse.

APPLICANT CONTENDS THAT:

His SBP reflects former spouse and should reflect spouse coverage.  SBP was changed without his knowledge or approval and his divorce decree does not mention SBP.  He believes his SBP election was changed in error.

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

STATEMENT OF FACTS:

On 29 Jan 77, the applicant entered the Regular Air Force.

On 31 Dec 92, the applicant retired from the Regular Air Force.  Prior to retiring and according to information provided by DFAS, the applicant elected spouse only Survivor Benefit Plan (SBP) coverage.

According to the documents submitted by the applicant:

a. On 27 Dec 01, the applicant and his spouse at retirement divorced.  The Final Decree of Divorce was silent on the SBP.

b. On 1 Jan 10, the applicant married his current spouse.

c. On 10 Jan 14, the applicant completed a DD Form 2656-6, SBP Election Change Certificate, updating SBP coverage for his current wife.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice.  

The applicant’s contention is without merit.  Although his divorce decree was silent on the SBP, on 26 Sep 02, the applicant signed an agreement to name his former spouse the SBP beneficiary.  His former spouse deemed her election for former spouse coverage within the one year period required by law.  Defense Finance and Accounting Service—Cleveland Center (DFAS-CL) used this information to establish former spouse coverage on 12 Dec 02.

On 23 Jan 14, DFAS-CL informed the applicant his request to establish new spouse coverage could not be honored because his spouse at retirement had submitted a deemed election for former spouse coverage.

Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant married his second spouse on 30 May 2002, and they divorced on 28 Oct 2005.

A complete copy of the AFPC/DPFFF evaluation and DFAS-CL supporting documentation are at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 Aug 16 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-04555 in Executive Session on 14 Dec 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04555 was considered:

	Exhibit A.  DD Form 149, dated 22 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 5 Aug 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 10 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.