RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05059

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Her deceased former husband intended for her to remain as the beneficiary for his SBP as indicated on his Retiree Account Statement.  He paid for her to receive the pension and reminded her many times while he was alive.

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

STATEMENT OF FACTS:

On 3 Jun 63, the decedent initially entered the Regular Air Force.

On 31 Aug 85, the decedent was furnished an Honorable Discharge, and was credited with 22 years, 4 months, and 28 days of active service.

On, 18 Apr 88, a dissolution of marriage for the applicant and decedent was entered.

Retiree Account Statement, dated 15 Dec 13, supplied by the applicant, reflects SBP being paid for 337 months with her named as the beneficiary.

According to the Certificate of Death, State of California, County of Solano, the decedent died on 15 Aug 15, and was divorced at the time of death.

On 17 Aug 16, copies of the AFBCMR Marital Status Affidavit and Release of Benefits (Arrears of Pay) were forwarded to the applicant (Exhibit F).

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 D.

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice.

A person’s eligibility to receive a spouse SBP annuity terminates upon divorce.  However, the law provides two mechanisms for changing spouse coverage to former spouse coverage.  One of the following actions must be taken within the first year following divorce: (1) the retiree may file an election change, or (2) the former spouse may request the retiree be deemed to have made such a change on his or her behalf.  In the latter case, the former spouse must provide legal documentation the member agreed, or the court ordered the member, to establish former spouse coverage.  If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter.  Even though a member fails to notify the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) of the divorce and continues to pay SBP premiums, the former spouse is not eligible for annuity payments upon the member’s death.

A complete copy of the AFPC/DPFFF evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She returned a notarized copy of the Marital Status Affidavit indicating she is not currently married, and a notarized copy of the Release of Benefits (Arrears of Pay) form, as well as copies of her marriage certificate and divorce decree (Exhibit G).

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, to include documents provided with her rebuttal, in judging the merits of the case.  While we noted the comments of AFPC/DPFFF indicating relief should be denied because the decedent missed the one-year anniversary suspense for updating his election to read former spouse, we did not find it reasonable he would have continued paying premiums after their divorce if it was not his intent to extend the coverage.  Therefore, we recommend the decedent'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 DECEASED be corrected to show that on 18 April 1988, he elected former spouse coverage under the Survivor Benefit Plan (SBP), based upon full retired pay.

The following members of the Board considered AFBCMR Docket Number BC-2015-05059 in Executive Session on 27 Apr 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05059 was considered:

	Exhibit A.  DD Form 149, dated 23 Nov 15, w/atchs.
	Exhibit B.  Decedent’s Master Personnel Records.
	Exhibit C.  Letter, Applicant, dated 1 Mar 16, w/atchs.
	Exhibit D.  Memorandum, AFPC/DPFFF, dated 3 Aug 16.
	Exhibit E.  Letter, SAF/MRBR, dated 12 Aug 16, w/atch.
Exhibit F.  Letter, SAF/MRBR, dated 17 Aug 16, w/atchs.
Exhibit G.  Applicant Response, dated 29 Aug 16, w/atchs.

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.