RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01218

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT’S REQUEST.  The former spouse receive the decedent’s Survivor Benefit Plan (SBP) annuity.  

APPLICANT’S CONTENTION.  The former spouse (applicant’s mother) has not received the decedent’s SBP annuity as it was ordered by their divorce decree.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The decedent is a retired Air Force technical sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DPFFF recommends denying the application.  While the divorce decree directed the former spouse as the SBP beneficiary, this agreement cannot be enforced as the decedent former military member elected child only coverage prior to his retirement.  Former spouse coverage cannot occur if spouse coverage was not elected when a member retires.  The member died on 11 Jan 96, before Congress authorized an OPEN ENROLLMENT period that would have permitted him to elect former spouse coverage.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The applicant replied on 13 Feb 18.  In her response, the applicant acknowledged she understood the evaluation, but had questions in regards to specific child beneficiary designation, and eligibility criteria.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.  

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 not the victim of an error and injustice.  The Board concurs with AFPC/DPFFF and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  We noted the applicant’s rebuttal, acknowledging she understood OPR’s findings recommendation, but had some questions on the analysis section.  Therefore, we offer the following responses to the applicant’s rebuttal questions on child beneficiary identification and eligibility criteria: 

a.	If there are eligible dependent children, the annuity shall be divided among the eligible dependent children.

b.	Children remain eligible until age 18 (22 if full-time student).  A child incapable of self-support remains eligible for life or as long as disability causes them to be incapable of self-support provided they do not marry. 

In absence of evidence to the contrary, the Board finds no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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 AFBCMR Docket Number BC-2016-01218 in Executive Session on 20 Mar 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 18 Mar 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFFF, dated 19 Jan 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 2 Feb 18.
Exhibit E:  Applicant’s response to Exhibit D, dated 13 Feb 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.