RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02850 COUNSEL: NONE APPLICANT: HEARING DESIRED: NO APPLICANT REQUESTS THAT: The deceased former member’s (her father) survivor benefits election be changed from “Former Spouse Only” to applicant’s current spouse (applicant’s mother & widow of applicant). APPLICANT CONTENDS THAT: Her father, after divorcing her mother in 1991, changed his Survivor Benefit Plan (SBP) to former spouse coverage for applicant’s mother. Neither remarried during the following 15 years and in 2006, the deceased former member and the applicant’s mother remarried. Her father, probably due to his age and failing health, did not update his SBP election to state “Spouse Only” for her mother. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The deceased former member initially entered the Regular Air Force on 18 May 49 after serving over three years in the Army. On 8 Nov 45, the deceased former member married and subsequently divorced (according to military records sometime before Jul 54). On 27 Dec 57, according to the marriage certificate, the deceased former member and the applicant’s mother married. On 1 Apr 71, the deceased former member was furnished an honorable discharge, and was credited with 28 years, 3 months, and 12 days of active service. On 24 June 91, according to the divorce degree, the deceased former member and the applicant’s mother divorced. On 1 Sep 92, the deceased former member elected “Former Spouse Only” coverage for the applicant’s mother. On 27 Dec 06, according to the marriage certificate, the deceased former member and the applicant’s mother remarried. On 11 Dec 14, according to the death certificate, the former member died. AIR FORCE EVALUATION: AFPC/DPFFF states there is no evidence of an error on the part of the Air Force; however, DPFFF recommends granting the applicant’s request. The deceased former member did not elect coverage for the applicant’s mother upon retirement; however, did elect former spouse coverage during the 1 Apr 92 – 31 Mar 93 SBP open season naming the applicant’s mother beneficiary. The applicant’s parents remarried on 27 Dec 06, but the deceased former member failed to change SBP from former spouse to spouse coverage after the remarriage. SBP premiums continued to be deducted from the decedent’s retired pay until 1 Oct 2008, when the paid-up SBP provision became effective. Approval should be contingent upon recovery of any applicable premiums. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. DFAS states there is no reason to believe the deceased former member did not wish for the applicant’s mother to be an SBP covered beneficiary or that he was aware that the remarriage would require him to notify DFAS and elect spouse coverage, yet DFAS could find no law, rule, regulation, or opinion that would authorize an annuity for the applicant’ mother. DFAS further states that there is no potential competing interest in this case as the SBP premiums that have been deducted have not been refunded and the arrears of pay (AOP) beneficiary is the applicant. DFAS believes it appropriate for the Board to provide a remedy because equitable principles favor providing an annuity for the applicant’s mother. A complete copy of the DFAS evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 8 and 16 Dec 15 for review and comment within 30 days (Exhibit E). The applicant provided a notarized Release of Benefits (AOP) Affidavit on 6 Jan 16 relinquishing her interest in any arrears of pay (Exhibit F). 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 and agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the former 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 FORMER MEMBER be corrected to show that on 28 Dec 2006, he elected to change his Survivor Benefit Plan former spouse coverage to spouse coverage based on full retired pay, naming SPOUSE as the spouse beneficiary. Approval should be contingent upon recovery of any applicable premiums. The following members of the Board considered AFBCMR Docket Number BC-2015-02850 in Executive Session on 11 Jan 16 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 6 Jul 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFFF, dated 7 Dec 15. Exhibit D. Memorandum, DFAS, dated 15 Dec 15. Exhibit E. Letter, AFBCMR, dated 8 Dec 15 and Email to Applicant, dated 16 Dec 15. Exhibit F. Release of Benefits (Arrears of Pay) Affidavit, dated 4 Jan 16.