RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00363 XXXXXXX 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: The proper office did not receive his DD Form 2656-1, SBP Election Statement for Former Spouse Coverage, in the time allotted. In support of his request, the applicant provides a copy of DD Form 2656-1. His complete submission, with attachment, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFFF recommends approval. DPFFF states that since there is no competing claimant and there was no provision in law to permit the member to elect former spouse coverage for his first former spouse prior to his retirement, it would be appropriate to allow the applicant to name her as the former spouse beneficiary. There is no evidence of Air Force error in this case; however, in the interest of justice, DPFFF recommends the applicant’s record be corrected to show he elected SBP former spouse coverage based on full retired pay effective 7 Jan 1994, with his former spouse as beneficiary. Approval should be contingent upon recovery of appropriate retroactive costs. The complete DPFFF evaluation is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 Jun 2013, 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/DPFFF’s recommendation that the applicant’s records should be corrected to reflect that he made a valid election based on full retired pay effective 7 Jan 1994, naming his former spouse as the eligible former spouse 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 7 Jan 1994, he elected former spouse coverage under the SBP, based on full retired pay, naming his former spouse as the eligible beneficiary. _______________________________________________________________ The following members of the Board considered AFBCMR BC-2013- 00363 in Executive Session on 30 Sep 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2013- 00363: Exhibit A. DD Form 149, dated 16 Jan 2013, w/atch. Exhibit B. Letter, AFPC/DPFFF, dated 3 Jun 2013. Exhibit C. Letter, SAF/MRBR, dated 21 Jun 2013. 1 2