RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00072 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be designated the former spouse beneficiary on her deceased former husband’s Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: Neither she nor her deceased former husband were ever informed they needed to make a deemed election to transfer his SBP coverage from spouse to former spouse when they divorced. Her divorce decree states she will get the SBP annuities upon his death. His full intent was for her to continue to be the beneficiary on his SBP. When she filed the Verification of Survivor Annuity Form, she was told her name was listed as the person who would receive the SBP annuity. When she was told she was not entitled to her ex-spouse’s SBP, she was shocked. 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 Jul 91. According to the documentation submitted by the applicant, she and her former husband were married on 22 Dec 75, were divorced on 28 Oct 96, and her former husband passed away on 25 Oct 14. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF does not make a recommendation because there are competing interests for the deceased member’s SBP annuity. A person’s eligibility as an SBP spouse beneficiary terminates upon divorce, however, the former spouse may request the retiree be deemed to have changed spouse coverage to former spouse coverage when the former spouse provides legal documentation showing the court ordered the member to establish former spouse coverage, and the request was submitted within one year of the divorce. Even though the retired member continues to pay SBP premiums after the one year has passed, the former spouse is not eligible for annuity payments upon the member’s death unless former spouse coverage was elected. The applicant and the deceased member were married on 23 Dec 75, and the member elected spouse and child SBP coverage based on full retired pay prior to his 1 Jul 91 retirement. The parties divorced on 1 Nov 96, and in the Contract of Settlement, the member agreed to provide and maintain survivor benefits for the applicant after the divorce. There is no evidence either party submitted a valid former spouse election during the required period following the divorce. The former member remarried on 18 Jan 97, but did not request SBP coverage for his new spouse. The member’s retired pay records continued to erroneously reflect the applicant’s name as the beneficiary. On the first anniversary of the member’s marriage to his new spouse, she automatically became the SBP spouse beneficiary by operation of law. By that time, the youngest child had lost eligibility due to age. SBP premiums were deducted from the member’s retired pay until his death on 25 Oct 14. The deceased’s widow (his new spouse) is eligible to receive his SBP annuity, but has not yet applied for the benefit. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of her request, the applicant provides a personal note explaining that she, her ex-husband, and her ex-husband’s new spouse were all under the assumption she was entitled to his SBP, and she attached a signed hand-written note which she alleges is from her ex-husband’s new spouse agreeing that the applicant should receive his retirement benefits as stated in the divorce (Exhibit E). ADDITIONAL AIR FORCE GUIDANCE: On 27 Mar 15, SAF/MRBR notified the applicant the signed statement she submitted from her former husband’s widow agreeing that the applicant should receive the deceased member’s SBP annuity was not sufficient, and she needed to have her former husband’s widow complete and sign an official affidavit, have it notarized, and submit it within 30 days (Exhibit G). APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE GUIDANCE: On 30 Jul 15, the applicant submitted a personal statement explaining why her submittal was beyond the 30-day period mentioned in the transmittal letter and a notarized affidavit signed by the widow of the deceased member relinquishing any competing interest in the deceased member’s SBP benefits (Exhibit H). 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 in judging the merits of the case, to include her rebuttal responses to the staff advisory, and conclude the applicant has been the victim of an error or injustice. While there was a competing interest for the deceased member’s SBP annuity, it is clear the deceased member intended his former spouse to be the beneficiary of his SBP, and the individual who had a competing interest in the deceased’s SBP signed an affidavit relinquishing her rights. Therefore, we recommend the deceased member’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 DECEASED FORMER MEMBER be corrected to show that on 2 November 1996, he elected former spouse coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming the APPLICANT as the beneficiary. The following members of the Board considered AFBCMR Docket Number BC-2015-00072 in Executive Session on 18 Aug 15 under the provisions of AFI 36-2603: Chair Member Member All members voted to correct the records as recommended. Although xxxxx chaired the panel, in view of her unavailability, due to retirement, xxxxxx has signed as Panel Chair. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 31 Dec 14, w/atchs. Exhibit B.  Memorandum, AFPC/DPFFF, dated 6 Mar 15. Exhibit C.  Letter, SAF/MRBR, dated 28 Apr 15. Exhibit D.  Letter, Applicant, dated 7 May 15, with atch. Exhibit E.  Letter, SAF/MRBR, dated 27 May 15. Exhibit F.  Letter, Applicant, dated 30 Jul 15.