RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-03670

	COUNSEL: NONE
	(DECEASED SERVICE MEMBER)

	HEARING: NO
	(APPLICANT)

APPLICANT REQUESTS THAT:

The service member’s selection of beneficiary under the Survivor Benefit Plan (SBP) be changed from spouse to former spouse.

APPLICANT CONTENDS THAT:

The SBP premiums were deducted from her former spouse’s retired pay until his death, and the divorce decree is a binding legal document.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The service member was a retired Air Reserve staff sergeant.  On 19 Aug 66, the service member and the applicant were married.  On 17 Aug 93, the service member was placed on the Reserve Retired List (RRL) to await retired pay at age 60.  On 24 Oct 93, the service member began receiving retired pay.  He was credited with 20 years, 3 months and 16 days of service for pay.  On 26 Apr 02, the service member and the applicant were divorced.  The service member passed away on 26 Nov 12.  On 12 Jun 18, the Board staff requested the applicant provide a notarized marital status affidavit and a Release of Benefits affidavit from the legal heir of the former service member.  In response, the applicant provided the requested affidavits.  For more information, see the excerpt of the service member’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFFF recommends granting the applicant’s request, although there is no evidence of Air Force error in this case.  Prior to his 24 Oct 93 retirement, the service member elected spouse only SBP coverage based on full retired pay.  The applicant failed to provide a copy of the divorce decree; however, the Defense Enrollment Eligibility Reporting System (DEERS) reflects the parties divorced on 26 Apr 02.  There is no evidence either party submitted a valid election to change spouse to former spouse coverage during the required time following their divorce.  SBP premiums continued to be deducted from the service member’s retired pay until his 26 Nov 12 death. There is no evidence either party remarried.  Despite the decedent’s failure to submit a valid former spouse election change, he did not request coverage for the applicant be terminated following their divorce.  His willingness to accept a reduction in his retired pay, even though he had no eligible spouse beneficiary, for over ten years indicates his intent for the applicant to remain entitled to his SBP.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 Mar 18 for comment (Exhibit D); in response, the applicant provided a copy of the Divorce Decree (Exhibit E).

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 the SERVICE MEMBER be corrected to show that on 26 April 2002, he elected former spouse coverage under the Survivor Benefit Plan, based on full retired pay, naming the APPLICANT, as the former spouse beneficiary.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2015-03670 in Executive Session on 16 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Aug 15.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFFF, w/atch, dated 18 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Mar 18.
Exhibit E:	Letter, SAF/MRBC, w/atchs, dated 12 Jun 18.
Exhibit F:	Signed Affidavits, 6 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.