RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04977

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His record be corrected to reinstate former spouse coverage under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

He intended for his former spouse to receive SBP coverage in accordance with their divorce decree; however, SBP coverage was stopped once his divorce was final.  He misunderstood the process and did not comprehend that SBP was stopped with the divorce.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force major.  According to the Decree of Separate Maintenance and Final Approving Agreement, provided by the applicant, dated 14 Nov 14, the applicant and his former spouse were married on 19 Dec 93 and divorced in 2002; subsequently, they remarried one another on 4 Jul 04 and divorced on 31 Jul 15.  The Complete Custody, Support and Property Settlement Agreement, dated 14 Nov 14, provided by the applicant, states:

“Husband (applicant) will obtain, at his expense, a SBP with a base amount of at least $2,400.00 in favor of wife (former spouse) and children, and he will provide proof of such plan to her within thirty (30) days of the approval of this Agreement.  The wife is the primary beneficiary of this benefit and the children are the beneficiaries in the event that the wife is no longer eligible to receive same.  The Wife, as the primary beneficiary of this benefit, and children, as the beneficiaries if the Mother is no longer eligible to receive this benefit, shall also be entitled to receive the Cost of Living Adjustments (COLAs) applicable to this SP base amount.  This shall be done no later than 1 October 2014.”

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 recommends granting the application.  At the time of his retirement, the applicant with spouse concurrence, elected spouse and child SBP coverage based on a reduced level of retired pay prior to his 1 Oct 14 retirement date.  On 31 Jul 15, the applicant and former spouse were divorced; however, the applicant agreed to provide at “his expense, a SBP with a base amount of at least $2,400.00 in favor of the wife and children.”  

Neither party has remarried; therefore, there is no 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 4 May 18 for comment (Exhibit D), but has received no response.

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 the victim of an injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends 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 APPLICANT be corrected to show that on 1 August 2015, he elected former spouse and child Survivor Benefit Plan coverage based on the previously reduced level of retired pay, naming XXXXXXXXX as the former spouse beneficiary, contingent upon recovery of appropriate retroactive costs. 

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-2016-04977 in Executive Session on 14 Jun 18:

	, Panel Chair 
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFFF, dated 10 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 May 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.