RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-05614	
  (DECEASED)			COUNSEL:  NONE
  (APPLICANT)			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

She be designated as the former spouse beneficiary under the 
decedent’s Reserve Component Survivor’s Benefit Plan (RCSBP).  


APPLICANT CONTENDS THAT:

The RCSBP costs were deducted from the decedent’s pay until his 
death; however, the benefits will not be paid due to a missing 
form which needs to be filed to change the designated 
beneficiary from spouse to former spouse.

She was the listed beneficiary until the time of his death.  

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


STATEMENT OF FACTS:

On 4 Jul 65, the parties were married.

According to a divorce decree issued by the Commonwealth of 
Massachusetts, docket number 87D0621-D1, the parties divorced on 
30 Jun 87.  The divorce decree is silent on SBP but includes a 
signed, notarized statement dated 11 Apr 87 from the decedent 
that he would keep all insurance in force with the applicant as 
the beneficiary.  

According to a certificate of death issued by the Commonwealth 
of Massachusetts, the service member died on 28 Jun 11.  His 
death certificate reflects he was not married at the time of his 
death.

In an e-mail dated 14 Jan 15, DFAS-CL confirmed a refund of SBP 
cost in the amount of $6830.18 for the period of premiums paid 
29 Jun 05 through 29 Jun 11 was issued to the applicant, the 
designated beneficiary.  


AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  There is no evidence of Air 
Force error in this case and absent a competing claimant, DPFFF 
recommends the decedent’s record be corrected to reflect that on 
1 Jul 87, he elected to change RCSBP spouse to former spouse 
coverage based on full retired pay, naming the applicant as the 
eligible beneficiary.  Approval should be contingent upon 
recovery of any applicable premiums.
As background, a person’s eligibility to receive a spouse SBP 
annuity terminates upon divorce.  However, the law provides two 
mechanisms for changing spouse coverage to former spouse 
coverage.  One of the following actions must be taken within the 
first year following divorce: (1) the retiree may file an 
election change, or (2) the former spouse may request the 
retiree be deemed to have made such a change on his or her 
behalf.  In the latter case, the former spouse must provide 
legal documentation the member agreed, or the court ordered the 
member to establish former spouse coverage.  If neither the 
member nor the former spouse requests the election change during 
the one-year eligibility period, former spouse coverage may not 
be established thereafter.  The former spouse is not eligible 
for annuity payments upon the member’s death even though a 
member fails to notify the Defense Finance and Accounting 
Service-Cleveland Center (DFAS)-CL) of the divorce and continues 
to pay SBP premiums afterwards.
The parties divorced on 30 Jun 87 and the divorce decree was 
silent on the SBP.  The service member elected spouse only RCSBP 
coverage based on full retired pay (immediate option) under the 
RCSBP on 26 Sep 79 after becoming eligible to receive retired 
pay except for attaining age 60.  He began receiving retired pay 
effective 21 Feb 98, his 60th birthday.  There is no evidence the 
decedent submitted a valid election to voluntarily change spouse 
to former spouse coverage during the required time following 
their divorce as the law requires.  The retired pay data system 
at DFAS-CL continued to reflect the applicant’s name as the 
eligible spouse beneficiary.  SBP premiums were deducted from 
the decedent’s retired pay until his 28 Jun 11 death.  There was 
no evidence either party remarried, and accordingly there is no 
competing claimant.

Despite the decedent’s failure to submit a valid former spouse 
election change, he did not request coverage for the applicant 
be terminated following their divorce.  His willingness to 
accept a reduction in his retired pay, even though he had no 
eligible spouse beneficiary for over 12 years, is indicative of 
his intent for the applicant to be eligible for his RCSBP. 

A complete copy of the DPFFF evaluation is at Exhibit B.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an affidavit dated 15 May 14, the applicant under oath states 
she is not married.

The applicant’s complete submission is at Exhibit E.    


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 warranting 
relief.  We note the Office of Primary Responsibility (OPR) 
states that absent a competing claimant, they recommend granting 
the requested relief.  As such, we find the death certificate 
provided by the applicant sufficient to conclude that the 
decedent was not married at the time of his death.  We note the 
divorce decree is silent on SBP.  However, we find the 
decedent’s hand-written statement dated 11 Apr 87, agreeing to 
maintain insurance on the applicant coupled with the fact he 
continued making SBP premium payments for over 12 years without 
an eligible spouse beneficiary sufficient to conclude it was his 
intent to have the applicant as his SBP beneficiary.  Therefore, 
we agree with the recommendation of the Air Force OPR and adopt 
the rationale expressed as the basis for our decision that the 
applicant has been the victim of an error or an injustice.  
Accordingly, we recommend the decedent’s record be corrected as 
indicated below. 


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to DECEDENT be corrected to show that on 1 Jul 
87, he elected to change his RCSBP spouse coverage to former 
spouse coverage based on full retired pay, naming the APPLICANT 
as the former spouse beneficiary, contingent upon recoupment of 
any applicable premiums.     


The following members of the Board considered AFBCMR Docket 
Number BC-2013-05614 in Executive Session on 29 Dec 14 under the 
provisions of AFI 36-2603:
	 , Panel Chair
	 , Member
	 , Member

 
All members voted to correct the records as recommended.  The 
following documentary evidence in AFBCMR Docket Number BC-2013-
05614 was considered:

	Exhibit A.  DD Form 149, dated 1 Dec 13, w/atchs.
	Exhibit B.  Memorandum, AFPC/DPFFF, dated 24 Apr 14.
	Exhibit C.  Letter, SAF/MRBR, dated 8 May 14.  
	Exhibit D.  Letter, SAF/MRBR, dated 8 May 14.  
	Exhibit E.  Affidavit, Applicant, dated 15 May 14.