ADDENDUM TO 
RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-03420-2

	COUNSEL:  
	HEARING: NO

APPLICANT’S REQUEST.  She be designated the beneficiary on her former spouse’s Survivor Benefit Program (SBP).  

APPLICANT’S CONTENTION.  She is entitled to her former spouse’s SBP annuity.  The only reason she did not receive his benefits is because she did not submit a form which she did not know she had to submit.  The applicant’s complete submission is at Exhibit H.

RESUME OF THE CASE:  On 15 Jun 15, the Board considered and denied a request from the applicant for the same relief.  At that time, the Board determined it was precluded from granting the applicant’s request because she failed to establish she was the Arrears of Pay (AOP) beneficiary.  As a result, it was impossible to determine if there was a competing interest.  For a complete record of the original case, please see Exhibit G.  

AIR FORCE EVALUATION.  AFPC/DPFFF recommends granting the application.  DFAS has clarified the applicant is the AOP beneficiary, so there is no competing claimant.  On 2 May 64, the applicant and the former member were married.  The member elected spouse-only SBP coverage based on a reduced level of retired pay prior to his 1 Aug 81 retirement.  On 31 Aug 11, the parties divorced.  The Marital Settlement Agreement, incorporated in the divorce decree, ordered the applicant be deemed as the irrevocable beneficiary of the SBP.  There is no evidence either party submitted a valid election to change spouse to former spouse SBP coverage within the first year following their divorce as the law requires.  The member did not request to terminate the coverage for the applicant following their divorce, indicative of his intent to maintain her as the eligible SBP beneficiary.  According to the documentation submitted by the applicant, her former spouse remarried on 14 Apr 14.  However, he died on 12 May 14, 11 months before the first anniversary of the second marriage, so his second spouse is not eligible to receive an SBP annuity.  DFAS deducted SBP premiums from the member’s retired pay until the date of his death, and always reflected the applicant as the beneficiary.  The complete advisory is at Exhibit I.

There is no evidence of Air Force error and absent a competing claimant, we recommend the decedent’s record be corrected to reflect SBP coverage be deemed on the applicant’s behalf, and former spouse coverage established effective 1 September 2011. Approval should be contingent upon recoupment of any applicable premiums.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 18 Dec 17 for comment (Exhibit J), but has received no response. 

THE BOARD CONCLUDES:

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 the applicant is the victim of an error or injustice.  The Board concurs with AFPC/DPFFF and finds 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: The pertinent military records of the Department of the Air Force relating to the former member be corrected to show on 1 September 2011, he elected former-spouse coverage under the Survivor Benefit Plan (SBP) based on a reduced level of retired pay, naming his former spouse as the eligible former spouse beneficiary.  Approval should be contingent upon recoupment of any applicable premiums.

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 AFBCMR Docket Number BC-2014-03420 in Executive Session on 28 Mar 18:
All members voted to correct the record as recommended.  The panel considered the following:

Exhibit G:  Original ROP, dated 6 Jan 16, w/exhibits A-H..
Exhibit H:  RECON Request, DD Form 149, dated 23 Jan 17, w/atchs.
Exhibit I: Advisory opinion, AFPC/DPFFF, dated 27 Nov 11, w/atch.
Exhibit J: Notification of Advisory, SAF/MRBR to applicant, dated 18 Dec 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.