RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00291 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouse’s record be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: Her former husband never filed the paperwork to show the date of divorce or, if he did, it never was processed. In support of her request, the applicant provides a copy of the service-member’s DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of the divorce decree, a deed, a deed of trust to secure assumption, and a special warranty deed. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: AFPC/DPSIAR states the service member and the applicant were married on 14 March 1970 and he elected spouse only SBP coverage based on a reduced level of retired pay prior to his 1 November 1990 retirement, and the applicant concurred in the election. The service member and the applicant divorced on 24 February 1999. The service member died on 4 December 2009. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends approval. DPSIAR states despite the decedent’s failure to submit a valid former spouse election change, he did not request coverage for the applicant to be terminated following their divorce, indicative of his intent for her to remain eligible for his SBP. To deny the applicant’s request would deny her an asset she was awarded by the court. There is no Air Force error and the case is absent a competing claimant. The DPSIAR complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 23 April 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. AFPC/DPSIAR has provided an evaluation which states the decedent and the applicant were married and he elected spouse only SBP coverage. The decedent did not request coverage for the applicant to be terminated following their divorce, indicative of his intent for her to remain eligible for his SBP. Therefore, we agree with the opinion and recommendation of AFPC/DPSIAR and believe the decedent’s records should be corrected to the extent 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 February 1999, he elected former spouse coverage under the Survivor Benefit Plan (SBP) based on a reduced level of retired pay, naming XXXXX as spouse beneficiary. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00291 in Executive Session on 10 August 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00291 was considered: Exhibit A. DD Form 149, dated 12 January 2010, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 22 March 2010. Exhibit C. Letter, SAF/MRBR, dated 23 April 2010.