RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	  DOCKET NUMBER: BC-2013-02594
	XXXXXXX   (DECEASED)	  COUNSEL: NONE
	XXXXXXX   (APPLICANT)		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her former husband’s (decedent) records be corrected to show he 
made a timely election for former spouse coverage under the 
Survivor Benefit Plan (SBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

Her eligibility status was not changed at the time of their 
divorce and she is unable to process a claim until her status is 
changed to former spouse.

In support of her request, the applicant provides copies of her 
birth certificate, the decedent’s death certificate, marriage 
certificate, Divorce Decree, and Property Settlement.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The decedent and the applicant were married on 5 Jun 1982 and 
divorced on 12 Sep 2002.  According to their divorce decree, 
the decedent agreed to maintain the applicant as the SBP 
beneficiary.

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  DPFFF states that although the 
member failed to submit an election to establish former spouse 
coverage, he did not request the applicant's coverage be 
terminated.  His willingness to accept a reduction in his 
retired pay for over six years after divorce is indicative of 
his intention to maintain the applicant as the eligible SBP 
beneficiary.  To deny the applicant's request would deny an 
asset awarded to her by the court.  DPFFF recommends the 
member’s record be corrected to reflect on 13 Sep 2002, he 
elected to change SBP spouse to former spouse coverage based on 
full retired pay, naming the applicant as the former spouse 
beneficiary.

The complete DPFFF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 Aug 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (Exhibit C).

_______________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  After 
carefully reviewing this application, we agree with the opinion 
and recommendation of the Air Force office of primary 
responsibility and adopt the rationale expressed as the basis 
for our decision the applicant has been a victim of error or 
injustice. Therefore, we recommend the applicant’s records be 
corrected as set forth below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to MEMBER, be corrected to show that on 13 Sep 
2002, he elected to change SBP spouse to former spouse coverage 
based on full retired pay, naming the applicant as the former 
spouse beneficiary.  Approval should be contingent upon recovery 
of any applicable premiums.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 19 Mar 2013, under the provisions of AFI 
36-2603:

       , Vice Chair 
       , Member
       , Member

All members voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR BC-2013-
02594 was considered:

  Exhibit A.  DD Form 149, dated 28 May 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPFFF, dated 8 Aug 2013.
  Exhibit C.  Letter, SAF/MRBR, dated 23 Aug 2013.




								 
								Vice Chair
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974



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FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


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