UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04493

COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

Her deceased spouse’s record be amended to reflect she is entitled to a Survivor Benefit Plan (SBP) annuity.

APPLICANT CONTENDS THAT:

Her divorce documents reflect she is to receive one-half of the service member’s retirement benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The member is a retired Air Force staff sergeant. The applicant and the deceased service member were married on 18 Oct 75 and divorced on 8 Nov 96. According to the Certificate of Death, provided by the applicant, on 1 Oct 09, the service member passed away and was divorced at the time of death. On 3 Aug 17, a copy of the SBP Marital Status Affidavit was mailed to the applicant, as of this date we have received no response. 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 make a recommendation. DFAS-Cleveland (DFAS-CL) records do not reflect the applicant as the Arrears of Pay (AOP) beneficiary; therefore, there is a competing claimant. According to the Domestic Relations Order, the Office of Personnel Management (OPM) was directed to pay the applicant the service member’s retirement benefits and an “option to make provision, at expense, for a survivor annuity payable to her.” The applicant’s eligibility for SBP based on the service member’s civilian service should be referred to OPM. 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), but has received no response.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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 error and injustice. The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. However, if the legal beneficiary submits a notarized statement relinquishing his/her entitlement to the SBP, the Board may be willing to reconsider the applicant’s request in consideration of this evidence. Therefore, 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-2016-04493 in Executive Session on 5 Apr 18:

, Panel Chair Panel Member
, Panel Member
All members voted not to correct the record. The panel considered the following: Exhibit A: Application, DD Form 149, w/atchs, dated 19 Oct 16.
Exhibit B: Documentary evidence, including excerpts from official records. Exhibit C: Advisory opinion, AFPC/DPFFF, w/atch, dated 20 Oct 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 2 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.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974 2