RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-02106 

							COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her former spouse’s Survivor Benefit Plan (SBP) be changed from “spouse only” to “former spouse”.

APPLICANT CONTENDS THAT:

She was married to the former military member at the time of his retirement from 1957 to 1983.  Their divorce decree specifies that she be named the member’s SBP beneficiary.  She recently inquired and was told she was not named as the beneficiary/survivor and was shocked.  She was never notified of this and just found out.

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

STATEMENT OF FACTS:

The member initially entered the Regular Air Force on 31 Mar 54.

On 1 Oct 74, the member retired, and was credited with 20 years and 6 months of active service, with a 5-month break in service between 7 Jan 58 to 24 Jun 58.   

On 23 Sep 82, according to AFPC/DPFFF and the documentation provided by the applicant, the applicant and the member divorced.

On 28 Oct 16, a request for notarized marital status affidavits was sent to the applicant and a release of benefits from the member’s current spouse, if applicable (Exhibit C).  As of this date, no response has been received by this office. 

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 does not make a recommendation because there are competing interests for the member’s SBP annuity.  A person's eligibility to receive a spouse SBP annuity terminates upon divorce.  Former spouse coverage under the SBP was not an option until passage of Public Law (PL) 98-94, 24 Sep 83.  Former spouse coverage was authorized under the insurable interest coverage for retired members and a one-year open enrollment period (24 Sep 83 - 23 Sep 84) was established.  Subsequently, former spouse coverage with the same costs and provisions as spouse coverage was permitted following enactment of PL 99 -145, 8 Nov 85.  The legislation authorized a one-year period (8 Nov 85 - 7 Nov 86) for SBP participants to elect coverage for their former spouses.  Such former spouse elections became effective 1 Mar 86, or the first day of the month following receipt of a valid election, if later.

The member and the applicant married on 1 Jan 67.  He elected spouse only SBP coverage based on a reduced level of retired pay prior to his 1 Oct 74 retirement.  Defense Enrollment Eligibility Reporting System (DEERS) records show the parties divorced on 23 Sep 82.  The applicant provided a Modification to the divorce decree, dated 17 Aug 83, which awarded her the SBP; however, she did not provide a copy of the original divorce decree.  There is no evidence the member submitted a former spouse election under PLs 98-94 or 99-145.  DEERS records reflect the member remarried on 14 Jul 84, and his current spouse became the eligible SBP beneficiary by operation of the law on the first anniversary of their marriage.  Spouse premiums were deducted from the member’s retired pay until 1 Oct 08, when the paid-up SBP provision became effective.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26 Jan 17 for review and comment within 30 days (Exhibit E).  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 timely filed.

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 of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has failed to sustain her burden that she has suffered either an error or injustice.  However, if the legal beneficiary submits a notarized statement relinquishing her entitlement to the SBP, the Board may be willing to reconsider the applicant’s request in consideration of this evidence.  In view of the foregoing, and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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-2016-02106 in Executive Session on 21 Jun 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR dated 28 Oct 16, w/atchs.
	Exhibit D.  Memorandum, AFPC/DPFFF, dated 22 Nov 16.
	Exhibit E.  Letter, AFBCMR, dated 26 Jan 17.

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.