RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	   DOCKET NUMBER: BC-2013-02213

			   COUNSEL: NONE

		 	   HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her former husband’s (decedent) records be corrected to show he 
made a timely election for former spouse coverage under the 
Survivor Benefit Plan (SBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

The decedent had a letter stating he continued to pay for SBP 
because he wanted her to receive it.

In support of her request, the applicant provides a personal 
statement, copies of the decedent’s Retiree Account Statement, 
death certificate, and the decedent’s memorandum to DFAS.

Her complete submission, with attachments, is at Exhibit A.

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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.

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  DPFFF states that although the 
member failed to submit an election to establish former spouse 
coverage, he did not request the applicant's coverage be 
terminated.  His willingness to accept a reduction in his 
retired pay for over nine years after his divorce is indicative 
of his intention to maintain the applicant as the eligible SBP 
beneficiary.  There is no evidence of Air Force error in this 
case and absent a competing claimant, DPFFF recommends the 
member's record be corrected to reflect on 6 May 1999, he 
elected to change SBP spouse to former spouse coverage based on 
the previous reduced level of retired pay, naming the applicant 
as the former spouse beneficiary.  Approval should be 
contingent upon recovery of any applicable premiums.

The complete DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 Jul 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 error or injustice.  After a 
thorough review of the facts and circumstances of this case, we 
agree with AFPC/DPFFF’s recommendation that the member’s records 
should be corrected to reflect that he made a valid election for 
former spouse coverage, based on a reduced level of retired pay 
effective 6 May 1999.  Therefore, we recommend the member’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 MEMBER, be corrected to show that on 6 May 
1999, he elected former spouse coverage under the Survivor 
Benefit Plan, based on a reduced level of retired pay naming his 
former spouse as the former spouse beneficiary.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 5 Feb 2014, 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-
02213:

  Exhibit A.  DD Form 149, dated 2 May 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPFFF, dated 1 Jul 2013.
  Exhibit C.  Letter, SAF/MRBR, dated 24 Jul 2013.



				Panel Chair