RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03739 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her former spouse’s records be corrected to change his Survivor Benefit Plan (SBP) coverage from spouse to former spouse.

APPLICANT CONTENDS THAT:

She was designated as the beneficiary for SBP in the divorce decree.

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

STATEMENT OF FACTS:

The service member retired on 1 Mar 12.  

On 10 Nov 16, the AFBCMR staff requested the applicant provide a Survivor Benefit Program-Marital Status and Release of Benefits affidavits in order to continue processing her case (see Exhibit C).  A copy of the affidavits are at Exhibit D.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit E.  

AIR FORCE EVALUATION:

AFPC/DPFFF recommends granting the applicant’s request, noting that in the interest of justice, it would be appropriate to enforce the benefits awarded the applicant by the court.

The service member and the applicant were divorced on 8 Feb 12, and in their divorce decree, the service member was ordered to designate the applicant as the irrevocable beneficiary of the SBP and to “effectuate that election.”  The service member, prior to his 1 Mar 12 retirement, elected spouse and child SBP coverage based on full retired pay.  There is no evidence either applicant or service member submitted a valid election to change spouse to former spouse coverage during the required time following their divorce.  The premiums for spouse coverage continued to be deducted from the service member’s retired pay until 2 Oct 15, when the Defense Finance and Accounting Service – Cleveland (DFAS-CL) received a copy of the divorce decree.  The service member’s record was corrected by DFAS-CL to reflect child only SBP coverage.  He was reimbursed spouse premiums paid retroactive to the date of divorce.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12 Jun 17, for review and comment within 30 days (Exhibit F).  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.  Sufficient 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 and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend 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 9 February 2012, his FORMER SPOUSE submitted a valid request for former spouse coverage under the Survivor Benefit Plan, based on full retired pay, to be deemed on her behalf, contingent upon recoupment of any applicable premiums.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03739 in Executive Session on 24 Oct 17, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Sep 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 10 Nov 16, w/atch.
	Exhibit D.  Affidavits, dated 10 Dec 16.
	Exhibit E.  Memorandum, AFPC/DPFFF, dated 2 Mar 17.
	Exhibit F.  Letter, AFBCMR, dated 12 Jun 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.