RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03988 

  DECEDENT				COUNSEL:  NONE

  APPLICANT				HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She be designated the deceased former spouse’s Survivor Benefit Plan (SBP) beneficiary.  

APPLICANT CONTENDS THAT:

She was listed as the beneficiary at the time of the decedent’s death, she should receive his SBP annuity.  

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

STATEMENT OF FACTS:

The decedent’s Air Force pay date was 2 Apr 54 and he retired on 1 Jul 74.

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 denial indicating there is no evidence of an error or an injustice.  The decedent was married with dependent children and elected spouse only coverage based on full retired pay prior to his 1 Jul 74 retirement.  Defense Enrollment Eligibility Reporting System (DEERS) records reflect the applicant and the decedent married on 14 Feb 81, and she became the SBP beneficiary on the anniversary of their marriage.  Spouse SBP premiums were deducted from the decedent’s retired pay until 1 Oct 08, when the paid-up SBP provision became effective.  The applicant and the decedent divorced on 24 Oct 11; however, the divorce decree was silent on the SBP, and the applicant did not provide a copy of the separation agreement.  There is no evidence the decedent submitted a valid election to voluntarily change spouse to former spouse SBP coverage within the first year following their divorce as the law requires.  DFAS-CL records continued to erroneously reflect the applicant’s name as the eligible spouse beneficiary.  The decedent died on 8 Jan 16, his death certificate reflects his marital status as “divorced,” and DEERS records do not reflect he remarried before his death.  DFAS-CL records reflect the applicant as the AOP beneficiary and she received a payment of approximately $399 on 18 May 16.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant, in rebuttal, submitted a copy of a page in the State of Arkansas, County of Falkner, settlement agreement, dated 7 May 02.  

A complete copy of the applicant’s rebuttal is at 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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DPFFF indicating that relief should be denied because the divorce decree was silent on the SBP, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the applicant has provided a copy of the separation agreement stipulating the decedent would maintain the applicant as the beneficiary on each and every one of his life insurance and retirement funds.  Additionally, the Board determined that it was more likely than not the decedent’s intent to maintain her as the SBP beneficiary after divorce as he maintained her as the arrears of pay beneficiary.  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 DECEDENT be corrected to show that on 24 October 2011, the APPLICANT submitted a valid request for former spouse coverage to be deemed on her behalf under the Survivor Benefit Plan (SBP) based on full retired pay.  Approval should be contingent upon recovery of appropriate retroactive costs. 

The following members of the Board considered AFBCMR Docket Number BC-2016-03988 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 26 Sep 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 15 Dec 16, w/atchs.
	Exhibit D.  Applicant Correspondence, dated 9 Jan 17.
Exhibit E.  Memorandum, AFPC/DPFFF, dated 8 May 17,
  w/atchs.
	Exhibit F.  Letter, AFBCMR, dated 19 Jun 17.
	Exhibit G.  Applicant Rebuttal, dated 10 Jul 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.