RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02227

(Deceased)				COUNSEL:  YES 

 						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

She be designated the beneficiary of her late husband’s Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT: 

Her late husband tried on numerous occasions to have the Defense Finance and Accounting Service (DFAS) make her the beneficiary for his SBP following their marriage. 

Her late husband sent documents to DFAS on 26 Apr 05, 25 Oct 06, 3 Feb 12 and on 29 Mar 12 requesting she be made beneficiary for all benefits to include SBP. 

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 17 Apr 97, just prior to his retirement, the decedent, who was divorced, completed DD Form 2656, Data for Payment of Retired Personnel, Section IX, SBP Election, and selected child only coverage for three dependent children who were over the age of 22 at the time of the his death. 

On 31 Aug 97, the former member was furnished an honorable discharge, and was credited with 20 years and 28 days of active service.  
	
On 26 Mar 05, the applicant and the former member were married. 

On 8 Aug 14, the former member died.

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 C.    

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice.  The applicant and the former member married in March 2005.  DFAS did not find any evidence of receiving any correspondence from the decedent until 3 Apr 12.  On this date DFAS received a letter from the former member requesting that the applicant be his SBP beneficiary.  The former member included copies of previous correspondence with DFAS.  In response, DFAS sent a letter dated 14 May 12 advising the former member that the designation of the applicant was not possible since the request was not made within the first year of their marriage.  

AFPC/DPFFF states that if the Board’s decision is to grant relief, the former member’s record should be corrected to show that he elected spouse only based on full retired pay on 25 Mar 06.  This approval would be contingent on recovering the premiums the former member would have paid if he had made this election at that time. 
 
A complete copy of the AFPC/DPFFF 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 23 May 16 for review and comment within 30 days (Exhibit D).  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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.  

3.  Insufficient 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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not provided sufficient corroborating evidence the deceased spouse contacted the Defense Accounting and Finance Service Center within the prescribed time limit for designating the applicant as his Survivor Benefit Plan beneficiary. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-02227 in Executive Session on 4 Nov 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02227 was considered:

	Exhibit A.  DD Form 149, dated 28 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 13 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 23 May 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.