RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02738 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect he initiated a DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement For Former Spouse Coverage, electing former spouse coverage under the SBP, within one year of divorce date. APPLICANT CONTENDS THAT: His former spouse was already listed as having “spouse only” SBP coverage. After the finalization of their divorce, he was unaware of the requirement to submit any type of form change for her to maintain coverage. He agreed to continue SBP coverage for his former spouse as part of their divorce and he would have submitted the required form, had he known. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the Military Personnel Data System (MilPDS), the applicant retired effective 1 April 1998, in the grade of master sergeant (E7). A DD Form 2656, Data For Payment of Retired Personnel, was initiated by the applicant with the concurrence of his former spouse on 24 December 1997, which indicates he elected SBP coverage for spouse and children, based on a reduced base amount of $434. On 27 May 2014, a DD Form 2656-1 was signed and witnessed by the applicant and his former spouse, indicating that due to divorce the applicant was electing to change his SBP coverage to his former spouse. A copy of the AFBCMR marital status affidavit was forwarded to the applicant on 30 July 2014, to verify his marital status (Exhibit C). The applicant responded with a signed and notarized affidavit, dated 18 August 2014, which indicates that he has not remarried. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit E. AIR FORCE EVALUATION: AFPC/DPFFF recommends approval. There is no evidence of Air Force error; however, to preclude an injustice, the applicant’s records should be corrected. The Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant and his former spouse were married on 9 June 1990. The applicant elected spouse only coverage based on a reduced level pay prior to his 1 April 1998 retirement, and his former spouse concurred in his election. The parties divorced on 24 December 2012, and in the Separation Agreement, incorporated in the Decree of Dissolution of Marriage, the applicant agreed to maintain his former spouse as the SBP beneficiary. There is no record either party submitted a valid election to establish former spouse SBP coverage within the first year following their divorce, as the law requires. DFAS-CL records reflect the applicant’s former spouse was the eligible spouse beneficiary and premiums were deducted from the applicant’s retired pay until 18 June 2014. However, DFAS-CL suspended the spouse portion of the SBP retroactive to the date of his divorce, and refunded the overpaid premiums after receipt of his invalid DD Form 2656-1. Despite the applicant’s failure to submit a valid former spouse election change, to deny his request would be to deny the former spouse an asset she was awarded by the court. Approval should be contingent upon recovery of any applicable premiums. A complete copy of the AFPC/DPFFF evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 November 2014 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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 injustice. After a careful review of the facts and circumstances of this case, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rational expressed as the basis for our decision that the applicant has been the victim of an injustice. Therefore, we recommend the applicant’s 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 25 December 2012, he elected to change coverage under the Survivor Benefit Plan (SBP) from spouse to former spouse coverage based on the previous reduced level of retired pay, naming his former spouse as the former spouse beneficiary, contingent upon recoupment of any applicable premiums. The following members of the Board considered AFBCMR Docket Number BC-2014-02738 in Executive Session on 6 May 2015 under the provisions of AFI 36-2603: Vice Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 2 July 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR, dated 30 July 2014. Exhibit D.  Applicant's Marital Status Affidavit, dated, 18 August 2014. Exhibit E.  Memorandum, AFPC/DPFFF, dated 11 September 2014, w/atchs. Exhibit F.  Letter, SAF/MRBR, dated 17 November 2014.