RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04597 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her deceased husband’s military records be corrected to reflect he elected former spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: Defense Finance and Accounting Service (DFAS) told her she was denied survivor benefits because her deceased husband failed to elect former spouse coverage and she did not complete the deemed election form within one year of her divorce from her former spouse. Had she known the deemed election form was required 20 years prior, she would have filled it out then however; neither the Air Force nor her former husband informed her this was required. DFAS indicated she was not the beneficiary of her former husband’s SBP and sent her an Annuity Claim Package to complete, which she did on 11 Jun 14. Before her former spouse retired, they met with a retirement specialist and elected to sign up for SBP; seven years after, they divorced. They agreed the former spouse would continue SBP coverage as indicated in the divorce decree dated 3 Mar 93. For 28 years, SBP premiums were deducted from her former spouse’s monthly retirement pay. While she does not know why her former spouse did not change her status to “former spouse” on the deemed election form, neither of them remarried. Though divorced, they remained close until he passed away. She provides copies of all correspondence with DFAS as well as her marriage certificate, divorce decree and former spouse’s death certificate. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s former spouse retired from active duty on 1 Jun 86. According to the documentation submitted by the applicant, she and her former husband were married on 6 Jun 68, were divorced on 3 Mar 93, and her former husband passed away on 9 May 14. According to notarized documentation submitted by the applicant, XXXXX is named as the Arrears of Pay Beneficiary (Exhibit E) and released his benefits on 20 Nov 15. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, indicating there is no evidence of an Air Force error or a competing claimant. Despite the decedent’s failure to submit a valid former spouse election change, he did not request coverage for the applicant to be terminated following their divorce, indicative of his intent for her to remain eligible for his SBP. To deny the applicant’s request would be to deny an asset awarded to her by the court. We recommend the applicant’s records be corrected to reflect on 4 May 93, he submitted a valid election for former spouse coverage under the Survivor Benefit Plan, based on full retired pay, naming XXXXXX as the eligible beneficiary. Approval should be contingent upon recovery of any applicable premiums. The complete 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 30 Jun 15 for review and comment within 30 days (Exhibit D). 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 error or injustice. We took notice of the applicant's complete submission, including attachments, in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, 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 on 4 May 1993, he submitted a valid election for former spouse coverage under the Survivor Benefit Plan, based on full retired pay, naming XXXXXX as the eligible beneficiary, contingent upon recovery of any applicable premiums. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04597 was considered: Exhibit A. DD Form 149, dated 6 Nov 15, w/atchs. Exhibit B. Letter, SAF/MRBR, dated 19 Dec 15. Exhibit C. Memorandum, AFPC/DPFFF, dated 4 Mar 15. Exhibit D. Letter, SAF/MRBR, dated 30 Jun 15. Exhibit E. Letter, Applicant, dated 23 Nov 15. Due to the unavaibility of the residing Panel Chair, ---------- has agreed to sign on behalf of the Panel Chair.