RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02919

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

She was not aware an SBP form was not received to change spouse to former spouse coverage.  Had she been aware of this requirement, she would have seen to it that the form was completed and returned on time.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is the former spouse of the deceased military member, a retired Air Force senior master 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 does not offer a recommendation because there is a competing claimant.  DFAS-CL records do not reflect the applicant as the Arrears of Pay (AOP) beneficiary; therefore, there is a competing claimant.  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 2 Feb 18 for comment (Exhibit D), and the applicant replied on 12 Feb 18.  In her response, the applicant contends that if there is a competing claimant, they have not paid their dues, but she has sacrificed as a military family member, and has earned the right to maintain all appropriate benefits, including SBP.  Also, she included another copy of the divorce decree.  The applicant’s complete response is at 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 not the victim of an injustice.  Unfortunately, based on the available evidence, we cannot conclusively rule out the existence of a competing beneficiary in this case.  In this respect, we note that if the Board takes no action to correct the decedent's records, the Arrears of Pay (AOP) beneficiary will be entitled to a refund of the SBP premiums paid by the decedent subsequent to the 2005 divorce.  As the applicant is not the AOP beneficiary, this money will be owed to a person other than the applicant and any action taken on our part to correct the record in the manner requested by the applicant would serve to deprive the AOP beneficiary of said refund.  Therefore, because we cannot conclusively rule out the possibility that granting relief in this case would deprive another party of a legal entitlement (refund of overpaid premiums), we cannot conclude that it would be in the interest of justice to correct the decedent's record.  However, should the applicant obtain a release from the AOP beneficiary or estate as appropriate relinquishing their right to the refund of the premiums, we would be willing to reconsider the case based on new evidence.  Therefore, in the absence of evidence to the contrary, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed 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 Docket Number BC-2016-02919 in Executive Session on 20 Mar 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Jul 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFFF, dated 2 Feb 18, w/atch.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Feb 18.
Exhibit E:	Applicant’s response, dated 12 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, Docket Number BC-2016-02919, required by AFI 36-2603, paragraph 4.11.9.