RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00171 INDEX CODE: 137.04 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former spouse’s records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: Buckley Air Force Base, Colorado notified her that her husband had stopped payment to his SBP. In support of her request, the applicant provides a copy of her divorce decree and a note from the Air Force Review Boards Agency. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant and former spouse were married on 24 May 1957. The applicant retired for disability on 4 January 1979 and elected spouse only SBP coverage based on full-retired pay prior to his retirement. The former spouse did not provide a copy of their divorce decree; however, the Defense Enrollment Eligibility Reporting System (DEERS) records show the parties divorced on 24 January 2007. The separation agreement provided by the former spouse contains an agreement that the applicant would take all necessary steps to ensure the former spouse receives all the Air Force retirement spouse benefits, to include but not limited to medical benefits and SBP. There is no evidence the applicant or former spouse submitted a valid SBP election to change spouse to former spouse coverage during the required time following their divorce. The former spouse’s date of birth continues to be reflected as the eligible spouse beneficiary and premiums were deducted from the applicant’s pay until 1 February 2009, when he met the paid up requirement authorized under Public Law (PL) 105- 261. Public Law 105-261 authorized SBP participates who reach the age 70 and whose retired pay has been reduced for 360 months (30 years) or more, to no longer be required to pay monthly premiums effective 1 October 2008. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends approval of the applicant’s request. DPSIAR states there is no evidence of an Air Force error and absent evidence of a competing claimant, it would be appropriate to enforce the parties’ court-ordered agreement to continue SBP coverage on the former spouse’s behalf. Approval should be contingent upon the applicant providing a certified copy of the finalized divorce decree and recovery of appropriate retroactive costs. The complete DPSIAR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the member on 12 March 2010, for review and comment within 30 days. As of this date, no response has been received by this office. (Exhibit D). _________________________________________________________________ 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 error or injustice. After thoroughly reviewing the circumstances of this case, we believe the applicant should be awarded benefits under the Survivor Benefit Program. In that regard, we note the controlling divorce decree ordered that certain survivor benefits remain vested in the applicant. 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 APPLICANT, be corrected to show that on 25 January 2007, he elected to change his SBP election from "spouse" coverage to "former spouse coverage" based on full-retired pay, naming XXX as the eligible beneficiary. _______________________________________________________________ The following members of the Board considered Docket Number BC- 2010-00171 in Executive Session on 10 June 2010, 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 24 Nov 09, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIAR, dated 18 Feb 10 Exhibit D. Letter, SAF/MRBR, dated 12 Mar 10. Panel Chair