RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00389
		
		COUNSEL:  NONE
(DECEASED SERVICE MEMBER)
		HEARING DESIRED:  NO
	(APPLICANT)


APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

The former service member was not aware of the one year 
requirement to list the applicant as the former spouse 
beneficiary, and she should not be penalized for this oversight.  

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


STATEMENT OF FACTS:

On 31 Jan 73, the deceased former service member was released from 
active duty and retired, effective 1 Feb 73, and was credited with 
21 years, 2 months, and 20 days of total active service.

On 6 Jan 14, according to documentation provided by the applicant, 
the deceased former member passed away.

On 5 May 14, the applicant was sent a request for documentation 
regarding her marital status (Exhibit D).  In response, the 
applicant provided a notarized marital status affidavit (Exhibit 
F) indicating that her former spouse had not remarried. 

The remaining relevant facts pertaining to this application are 
described in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is included at Exhibit C.





AIR FORCE EVALUATION:

AFPC/DPFFF indicates the applicant and her former spouse married 
on 28 Jan 57 and he elected spouse only SBP coverage based on full 
retired pay prior to his 1 Feb 73 retirement.  The parties 
divorced on 3 Mar 95 and, according to the Marital Settlement 
Agreement (MSA), incorporated in the divorce decree, the applicant 
was awarded survivor benefits from the former service member’s Air 
Force retirement benefits.  There is no evidence the applicant or 
the former service member submitted an election to change spouse 
coverage to former spouse coverage within the first year following 
their divorce.  The Defense Finance and Accounting Service-
Cleveland (DFAS-CL) suspended the SBP premiums effective the date 
of their divorce.  The applicant remarried on 6 Mar 95; however, 
since she was over age 55 at that time, her marriage does not 
impact her eligibility as an SBP beneficiary.  There is no 
evidence the former service member remarried and, accordingly, 
there is no competing claimant.  Furthermore, there is no evidence 
of an Air Force error in the applicant’s case and absent a 
competing claimant, DPFFF recommends granting the requested 
relief.    Approval should be contingent upon recovery of any 
applicable premiums.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 Jul 14 for review and comment within 30 days (Exhibit E).  
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 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 (OPR) and adopt its rationale as the basis 
for our conclusion the applicant has been the victim of an error 
or injustice.  Therefore, while there is no evidence of an error 
on the part of the Air Force, and there is no evidence of a 
competing beneficiary, we believe it would be in the interest of 
justice to recommend the applicant's records be corrected as 
indicated below.  Since SBP premiums were suspended effective the 
date of the applicant’s divorce, our recommended correction should 
be contingent upon the payment of any premiums that would have 
been paid after the former spouse election.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to the DECEASED FORMER SERVICE MEMBER be corrected to 
show that on 4 Mar 95, he elected former spouse coverage under the 
Survivor Benefit Plan (SBP), naming the APPLICANT as the former 
spouse beneficiary based on full retired pay.  Approval should be 
contingent upon recovery of any applicable premiums.


The following members of the Board considered AFBCMR Docket Number 
BC-2014-00389 in Executive Session on 17 Feb 15 under the 
provisions of AFI 36-2603:

	, Vice Chair
	, Member
	, Member

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

	Exhibit A.  DD Form 149, dated 21 Jan 14, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFFF, dated 3 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 5 May 14.
	Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 14.
	Exhibit F.  Marital Status Affidavit, Applicant, 
	            dated, 31 Jul 14.





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