RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03421 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: In May 1997, he went to the Military Personnel/Finance office to update his SBP in DEERS. He gave the office his divorce documents which mandated he have his former spouse listed as his SBP beneficiary. Since that time, he has occasionally called DFAS to verify that his former spouse is the beneficiary for his SBP; however, on 18 Jul 14 his former spouse was informed by DFAS that she is not his beneficiary. All of his SBP payments are current since 1987 and he requests that the record be corrected to reflect his former spouse as the beneficiary for his SBP. In support of his appeal, the applicant submits a personal letter; a DFAS-CL 7220, Retiree Account Statement, dated 1 Aug 14; a DD Form 2656, SBP Election Statement for Former Spouse Coverage, signed 30 Jul 14 showing he reapplied to give his former spouse his SBP benefits; a copy of his marriage certificate showing that he married his second spouse on 31 Dec 13; a copy of his Sprint cell phone record, validating his statement regarding his calls to DFAS to ensure his former spouse was his SBP beneficiary; and three signed affidavit letters indicating that the applicant’s current spouse relinquishes her SBP benefits and the former spouse is the eligible beneficiary. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant retired from the Regular Air Force in the grade of master sergeant (E-7). According to AFPC/DPFFF and the documents provided by the applicant: a. The applicant married his former spouse on 15 Mar 69, and elected spouse and child SBP coverage based on full retired pay prior to his 1 Oct 87 retirement. b. On 13 May 97, the applicant and his former spouse were divorced, and the divorce decree ordered the applicant to maintain SBP benefits on behalf of his former spouse; however, there is no evidence the applicant or the former spouse submitted a valid election to voluntarily change spouse to former spouse SBP coverage within the first year following their divorce as the law requires. c. On Jul 2000, the applicant’s youngest child lost eligibility due to age. d. On 31 Dec 13, the applicant married his second spouse. e. DFAS-CL records continue to reflect his former spouse as the eligible spouse beneficiary and premiums continue to be deducted from the applicant’s retired pay. f. On 29 Aug 14, the applicant’s former spouse submitted a SBP Marital Spouse Affidavit letter, affirming that she is not currently married. g. On 2 Sep 14, the applicant and his current spouse submitted an SBP Marital Status Affidavit-Retiree letter and a SBP Release of Benefits letter, indicating that the applicant’s current spouse relinquishes any competing interest for SBP benefits in favor of the former spouse. 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 B. AIR FORCE EVALUATION: AFPC/DPFFF recommends approval. Despite the applicant's failure to submit a valid former spouse election change, he did not request coverage for his former spouse to be terminated following their divorce, indicative of his intent to maintain her as the eligible SBP beneficiary. There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the former member’s record be corrected to reflect on 14 May 97, he elected to change SBP spouse to former spouse based on full retired pay, naming his former spouse as the former spouse beneficiary. Approval should be contingent upon recovery of any applicable premiums. The complete copy of the DPFFF evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to the Air Force evaluation, the applicant submits a personal letter stating that he does not contest any of the content, nor does he have any new information to present. However, he wanted the Board to know that he honestly thought he had done everything he was supposed to do at the time of his divorce. The applicant’s rebuttal is at Exhibit D. 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. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that in the absence of a competing claimant the member submitted a valid election for former spouse coverage based on full retired pay, naming the applicant’s former spouse as the eligible beneficiary. In this regard, the board notes the SBP Benefits Affidavit letters signed by the applicant, his current spouse, and former spouse, validating that the current spouse relinquishes her right to SBP benefits, thus eliminating any competing interests for the aforesaid benefits in favor of the applicant’s former spouse. Therefore, 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 the APPLICANT be corrected to show that on 14 May 97, he elected former spouse coverage under the Survivor Benefit Plan (SBP), based on full retired pay, naming the FORMER SPOUSE as the beneficiary. The following members of the Board considered AFBCMR Docket Number BC-2014-03421 in Executive Session on 06 May 15 under the provisions of AFI 36-2603: The board unanimously voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 12 Aug 14, w/atchs. Exhibit B.  Memorandum, AFPC/DPFFF, dated 07 Oct 14. Exhibit C.  Letter, SAF/MRBR, dated 17 Oct 14. Exhibit D.  Letter from Applicant, dated 02 Nov 14.