RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00218

	COUNSEL:  
	
	HEARING:  NO	

APPLICANT REQUESTS THAT:

His record be corrected to reflect he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP).  

APPLICANT CONTENDS THAT:

He and his former spouse were unaware of the one-year time limit for SBP election after divorce. It would be an injustice to deny his former spouse the coverage, security and protection the SBP affords her in the event of his death.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  According to the Final Judgment of Dissolution of Marriage, provided by the applicant, he and his former spouse were married on 3 Jan 94.   

According to the Certification of SBP Briefing Rip, on 18 Jan 06 the applicant’s former spouse acknowledged she was provided information on the SBP options and effects.  In addition, on 13 Feb 06, the applicant acknowledged that after retirement, he was to promptly notify the Defense Finance Accounting Service-Cleveland (DFAS-CL) of any changes in the status of his family members and determine the effects on existing or desired SBP coverage. 

On 31 Jul 06, the applicant was relieved from active duty and retired effective 1 Aug 06. 

On 17 Jul 15, the applicant and his former spouse divorced and the Final Judgment of Dissolution of Marriage, states: 

	“If Wife is not currently designated as beneficiary under husband’s Armed Services SBP, the Husband shall immediately designate Wife as beneficiary under said plan.  At the present time Wife shall remain as named beneficiary under the Armed Services SBP, and that Husband’s election to provide such benefits to Wife shall continue and remain in full force and effect.  Husband may not provide, modify, amend, withdraw, or in any other manner alter the election to name Wife beneficiary of the Armed Services SBP until the death of Wife or further written agreement of the parties.”

	“Husband shall immediately obtain, fully complete, sign, and return all documents, papers, and forms necessary to provide or secure the Armed Services SBP benefits to Wife, as Husband’s former spouse, and shall provide Wife copies of those documents, papers, and forms within ten (10) days of completion.  Husband shall do any and all other acts, deeds, and things that are necessary to immediately designate Wife the beneficiary of the Armed Services SBP.”

According to DD Form 2656-1, SBP Election Statement for Former Spouse, provided by the applicant, on 7 Nov 16, the applicant elected former spouse SBP coverage.  

On 4 Oct 17, the applicant was notified to complete, sign and notarize the required marital status affidavits to include an affidavit signed by his former spouse.  Neither the applicant nor his former spouse are remarried, as evidenced in the notarized affidavits dated 30 and 31 Oct 17, respectively.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

HQ AFPC/DPFFF recommends granting the application.  A person’s eligibility to receive a spouse SBP annuity terminates upon divorce.  In this case, the applicant and his former spouse were married on 3 Jan 94, and he elected spouse and child SBP coverage based on full-retired pay prior to his 1 Aug 06 retirement.  The parties divorced on 17 Jul 15, and in the Final Judgement of Dissolution of Marriage, the applicant, was ordered to designate his former spouse as the SBP beneficiary.  There is no evidence either party submitted a valid election to change spouse to former spouse.  

DFAS-CL records reflect the former spouse as the eligible spouse beneficiary and premiums were deducted from the applicant’s retired pay until DFAS-CL suspended the spouse portion of the SBP, retroactive to the date of their divorce, after receiving the applicant’s DD Form 2656-1 for former spouse coverage.  Neither party has remarried; therefore, there is no competing claimant
The complete advisory is at Exhibit D.
 
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 May 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

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 that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFFF and finds that 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 THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to reflect on 18 July 2015, he elected to change his Survivor Benefit Plan coverage for spouse and child to former spouse coverage based on full retired pay, naming his former spouse Florencia M. Dupio, as the eligible beneficiary.  Approval should be contingent upon recovery of appropriate costs.

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 Docket Number BC-2018-00218 in Executive Session on 21 Jun 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Martial Status Affidavits, dated 30 and 31 Oct 17.
Exhibit D:	Advisory opinion, AFPC/DPFFF, dated 21 Nov 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 10 May 18.

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