RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04245 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he made a timely election for 
former spouse coverage under the Survivor Benefit Plan (SBP). 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not realize a new election was required and has 
continued to pay SBP premiums since his divorce. 

 

In support of his request, the applicant provides a copy of his 
divorce decree and a DD Form 2656-1, Survivor Benefit Plan, 
Election Statement for Former Spouse Coverage, dated 20 Oct 11. 

 

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

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was married on 25 Nov 69. He elected spouse only 
SBP coverage based on full retired pay prior to his 1 Aug 
91 retirement. The parties divorced on 5 Nov 03, and the 
divorce decree ordered the applicant to designate his former 
spouse as the beneficiary under the SBP. There is no evidence 
either party submitted a valid election to change spouse to 
former spouse coverage within the first year following their 
divorce as the law requires. SBP premiums continue to be 
deducted from the applicant's retired pay and DFAS-CL records 
continue to erroneously reflect his former spouse's name and 
date of birth (28 Oct 38) as the eligible spouse beneficiary. 
Neither party has remarried and, accordingly, there is no 
competing claimant. 


 

_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIAR reviewed this application and states there is no 
evidence of Air Force error; however, to preclude an 
injustice, they recommend the applicant's record be corrected 
to reflect that on 6 Nov 03, he submitted a valid election for 
former spouse coverage based on full retired pay, naming his 
former spouse as the eligible beneficiary. Approval should be 
contingent upon recoupment of any applicable premiums. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 16 Dec 11, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. To 
date, a response has not been received (Exhibit C). 

 

_______________________________________________________________ 

 

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 an injustice. There is no 
evidence of Air Force error; however, to preclude an injustice, 
we agree with AFPC/DPSIAR’s recommendation that the applicant’s 
records should be corrected to reflect that he made a valid 
election based on full retired pay, naming his former spouse as 
the eligible beneficiary. Accordingly, we recommend the 
applicant’s records be corrected as set forth 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 6 Nov 
03, he elected former spouse coverage under the survivor 
benefit plan (SBP), based on full retired pay, naming his 
former spouse as the eligible beneficiary. 

 

_______________________________________________________________ 

 

 

 


 

 

 

 

The following members of the Board considered this application 
in Executive Session on 16 Feb 12, under the provisions of AFI 
36-2603: 



The Board voted to correct the record as recommended. The 
following documentary evidence pertaining to Docket Number BC-
2011-04245 was considered: 

 

 Exhibit A. DD Form 149, dated 18 Oct 11, w/atchs. 

 Exhibit B. Letter, HQ AFPC/DPSIAR dated 6 Dec 11. 

 Exhibit C. Letter, SAF/MRBR, dated 16 Dec 11.