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AF | BCMR | CY2013 | BC 2013 00391
Original file (BC 2013 00391.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00391
		
		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:

She was unjustly manipulated into signing divorce papers just prior to her husband’s death by her ex-husband’s son-in-law to deny her his SBP benefits.  Although separated from her husband since Dec 10 due to his severe alcohol problems, she had no intention of seeking a divorce.  Her husband’s son-in-law sent her papers for “Dissolution of the Marriage,” told her that her husband was drinking heavily again and driving, convinced her she was financially liable for any damages caused by his behavior, and coerced her into signing divorce papers to protect herself.  In actuality, her husband was critically ill at the time, and died three days after the divorce.  Had she known he was critically ill, she would have not signed the divorce papers.  She is 92, and should have not have been subjected to such manipulation.  

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial indicating there is no evidence of an error or injustice.  A person’s eligibility to receive spouse SBP annuity terminates upon divorce.  However, spouse coverage can be changed to former spouse coverage if the retiree files such an election, if the former spouse provides documentation demonstrating the former spouse agrees with the election, or the court orders the retiree to elect the former spouse as the beneficiary.  The deceased former member retired effective 1 May 92 prior to his marriage to the applicant.  Upon retirement, he elected spouse only SBP coverage for his wife at that time.  The Defense Enrollment Eligibility Reporting System (DEERS) shows the deceased former member divorced his first wife on 23 Jun 95; however, there is no evidence former spouse coverage was established on her behalf.  The deceased former member married the applicant on 25 Aug 95, and she became the eligible spouse beneficiary on the first anniversary of their marriage.  SBP premiums continued to be deducted from the deceased former member’s retired pay until 1 Oct 80, when the policy became “paid up.”  The applicant and the deceased former member divorced on 27 Nov 12.  The deceased passed away on 1 Dec 12.  His death certificate reflects he has no surviving spouse.  The applicant failed to provide a divorce decree with language which entitles her to deem former spouse coverage.  The law is very specific in that legal documentation must be provided that reflects the member agreed, or the court ordered, the member to establish former spouse coverage.  

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 25 Apr 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient 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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We note the applicant has not provided a copy of her divorce decree.  As such, we are unable to ascertain whether or not the Court determined, as part of the divorce settlement, whether or not she should have been designated the former spouse beneficiary under the SBP.  Should she provide said documentation, it may form the basis of a request for reconsideration of her case.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-00391 in Executive Session on 7 Nov 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Jan 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPFFF, dated 16 Apr 13.
Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 13.




                                   X
                                   Panel Chair



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