RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00930 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he elected former spouse coverage under the Survivor Benefit Plan (SBP). ________________________________________________________________ APPLICANT CONTENDS THAT: This correction is required to meet a court order as specified in his divorce decree. In support of his request the applicant submitted copies of his retiree account statement, DD Form 214, Certificate of Release or Discharge from Active Duty, and documents pertaining to his divorce. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documents submitted by the applicant, he retired from the Air Force on 31 December 2007, in the grade of Master Sergeant, E-7. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. The Defense Finance Accounting Service (DFAS) Retirement and Annuitant office recommends denial. DFAS states the applicant was required to request a change of his SBP beneficiary from spouse to former spouse within one-year of his 6 May 2010, divorce. Therefore, in accordance with the law, they cannot change his SBP beneficiary at this time. 2. The applicant was provided automatic SBP coverage on 1 January 2008, his effective date of retirement. On 2 December 2010, they received a fax from the applicant requesting that, due to their divorce, 50% of his retirement pay be sent to his former spouse. Upon receipt of his request, the documents were forwarded to their Legal Department to establish the payments. The applicant’s former spouse was also awarded SBP coverage; however, at that time, he did not request that they change his SBP beneficiary from spouse to former spouse. Their Retired Pay office should have sent the applicant a letter informing him that he needed to advise them that he wanted his SBP beneficiary to change from spouse to former spouse in accordance with his divorce decree. They were unable to confirm whether or not he was sent such a letter. 3. The applicant’s SBP deductions will be suspended since he has not had an eligible beneficiary as of 1 June 2010. As a result, he is due a refund of SBP premiums paid for the period 1 June 2010, through current. The complete DFAS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 April 2013 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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 an error or injustice. After thoroughly reviewing the circumstances of this case, the Board notes the comments of the DFAS Retirement and Annuitant office, indicating the applicant did not request a change in his SBP beneficiary from spouse to former within one year of his divorce and therefore his request should be denied. However, we believe the applicant was not aware of the requirement to request a change of beneficiary from spouse to former spouse notably because monthly premiums continued to be deducted, unquestioned, from his retired pay. Moreover, we note the OPR also indicated they could not confirm a letter was sent to the applicant informing him that he needed to advise them to change his SBP beneficiary from spouse to former spouse in accordance with his divorce decree. Therefore, in consideration of all of the circumstances of this case and in an effort to offset any possibility of an injustice, we recommend his 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 6 May 2010, he elected former spouse coverage under the Survivor Benefit Plan (SBP), based on full retired pay, naming his former spouse as the former spouse beneficiary. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 7 November 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered for AFBCMR Docket Number BC-2013-00930: Exhibit A. DD Form 149 dated 18 February 2013, w/atchs. Exhibit C. Letter, DFAS/CL, dated 5 April 2013. Exhibit D. Letter, SAF/MRBR, dated 14 April 2013.