RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02703 (DECEASED) COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he elected spouse Survivor Benefit Plan (SBP) coverage. APPLICANT CONTENDS THAT: He was not aware that he had to update his SBP election within one year until he found out that he had stage four cancer. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s military personnel records, on 1 Aug 00, he retired from active duty. According to the Defense Enrollment Eligibility Reporting System (DEERS), on 11 Dec 82, the applicant married S---- A. J------ (first spouse) and they divorced 19 Apr 00. According to the DEERS, on 23 Apr 02, the applicant married S--- -- F. J------ (second spouse). The applicant’s current spouse provided a one page divorce decree between the applicant and his second spouse S----- F. J-- ----, dated 14 Sep 09. (This document appears to be incomplete as there is only mention of the marriage being dissolved and no other terms of the divorce are discussed). According to the AFBCMR SBP Marital Status Affidavit notarized on 6 Aug 14, the applicant has sworn/affirmed that on 14 Sep 09, he divorced S----- F. J------ (second spouse) and on 29 Nov 10, he married T-- C. B--- (third spouse). According to the AFBCMR SBP Release of Benefits notarized on 6 Aug 14, the applicant’s third spouse, T-- C. B---, has sworn/affirmed that she is currently married to the applicant. According to the DEERS, on 25 Aug 14, the applicant died. 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 C. AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, indicating that since SBP spouse premiums have been continuously deducted from the applicant’s retired pay following his retirement and marriage to S----- F. J------, his second spouse, and for more than three years of his marriage to T-- C. B---, it is reasonable to presume the applicant wanted to provide SBP protection for his current wife. The applicant and S---- A. J------ (first spouse) were married and had eligible children when he was briefed on his SBP options. On 3 Mar 00, the applicant elected spouse and child coverage based on full retired pay and his first spouse concurred in the election. However, their divorce became final on 19 Apr 00, three months prior to his 1 Aug 00 retirement. The Defense Finance and Accounting Service - Cleveland Center (DFAS­CL) erroneously established spouse coverage because they were unaware of the divorce. Since the member did not have an eligible spouse on the date of retirement, his election for spouse and child coverage was invalid, and by law, the SBP coverage defaulted to child only coverage. The DEERS records show that on 23 Apr 01 [sic], the applicant married S----- F. J- ----- (second spouse) and on 14 Sep 09, they divorced. On 29 Nov 10, the applicant and T-- C. B--- married. On 1 Jul 11, the youngest child lost eligibility. Monthly spouse premiums continued to be deducted from the applicant’s retired pay until 3 Jun 14, when DFAS-CL suspended the spouse SBP coverage and refunded the overpaid premiums subject to the six-year statute of limitation, after receiving the applicant's request to add T-- C. B--- as his eligible spouse. Although there is no evidence of Air Force error, the applicant's record should be corrected to reflect he had no eligible spouse beneficiary and effective 1 Aug 00, he elected child only SBP coverage. His record should also be corrected to show that on 22 Apr 03, he elected to add S----- F. J------ (second spouse) to his child only coverage based on full retired pay, and on 14 Sep 09, spouse coverage was suspended. The applicant’s record should be further corrected to show that on 28 Nov 11, he elected to resume his existing level of coverage for his new spouse, T-- C. B---. Approval should be contingent upon recoupment or refund of all 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 8 Sep 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). 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. Having carefully reviewed this application, we agree with the recommendation of the Air Force Office of Primary Responsibility (OPR) and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. While we note the OPR indicates that on 23 Apr 01, the applicant married his second spouse, according to DEERS, the applicant actually married his second spouse on 23 Apr 02. Accordingly, 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 APPLICANT be corrected to show that: a. He had no eligible spouse beneficiary and elected child only SBP coverage based on full retired pay, effective 1 Aug 00. b. On 22 Apr 03, he elected to add S----- F. J------ to his child only coverage and on 14 Sep 09, spouse coverage was suspended. c. On 28 Nov 11, he elected to resume his existing level of coverage for T-- C. B---. This directive is effective immediately but contingent upon recoupment or refund of all applicable premiums. The following members of the Board considered AFBCMR Docket Number BC-2014-02703 in Executive Session on 18 Aug 15, 1 Dec 15, and 17 Dec 2015 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 30 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFFF, dated 28 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 22 Sep 14.