RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02706
		COUNSEL: 
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

She be entitled to benefits under the Survivor Benefit Plan 
(SBP).

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APPLICANT CONTENDS THAT:

She should be entitled to the former member’s survivor annuity 
in accordance with the divorce decree.

In support of her request, the applicant’s counsel provides a 
statement and a copy of the divorce decree.

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

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STATEMENT OF FACTS:

According to the divorce decree, dated 25 May 02, the applicant 
and the former member were divorced.

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AIR FORCE EVALUATION:

AFPC/DPSIAR recommends granting relief.  They note, absent 
evidence of a competing claimant, it would be appropriate to 
correct the former member's record to reflect former spouse 
coverage based on full retired pay under the SBP, naming the 
applicant as the former spouse beneficiary, was established 
effective 18 Jun 02.  Approval should be contingent upon 
recovery of all applicable SBP premiums.

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflects the applicant and the former member married on 8 Oct 
73.  The member retired from the reserve component and became 
entitled to retired pay upon attaining age 60 (date of birth 3 
Feb 37); however, his retired pay did not commence until 28 Feb 
00. He failed to complete a valid SBP election at that time, and 
DFAS-CL established the maximum level of SBP spouse coverage on 
the applicant's behalf, as required by law.  The parties' 
divorce was finalized on 17 Jun 02, and the partial judgment of 
partition dividing military retirement assets awarded SBP to the 
applicant. There is no record either party submitted a valid 
election to establish former spouse SBP coverage within the 
first year following divorce.  SBP monthly premiums continue to 
be deducted from the former member's retired pay.  There is no 
indication the petitioner or the member have remarried.

The complete DPSIAR evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Aug 12 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit C).

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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 warranting 
corrective action.  The Air Force office of primary 
responsibility has adequately addressed the issues presented by 
the applicant and we are in agreement with its opinion and 
recommendation.  Accordingly, we recommend the former member’s 
record be corrected to the extent indicated below.

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 issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to FORMER MEMBER, be corrected to show that on 
18 Jun 02, he elected to change his Survivor Benefit Plan (SBP) 
spouse only coverage to former spouse coverage, based on full 
retired pay, naming APPLICANT as the former spouse beneficiary.  

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-02706 in Executive Session on 13 Mar 13, under 
the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 16 Apr 12, w/atchs.
     Exhibit B.  Letter, AFPC/DPSIAR, dated 11 Jul 12.
     Exhibit C.  Letter, SAF/MRBR, dated 6 Aug 12.