RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05676
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be designated the beneficiary for her former spouses
Survivors Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
Her former spouse agreed that she would remain the beneficiary
of the SBP per their divorce decree.
She discovered upon his death on 10 Nov 13, that the required
paperwork designating her as the SBP beneficiary was not
completed within one year of the divorce. The SBP premiums were
still paid.
In support of her request, she provides copies of the death and
marriage certificates, divorce decree, and DD Form 214,
Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
According to Application Number 18667, Marriage Record Florida,
the parties were married on 4 Jun 76.
According to the Final Judgment of Dissolution of Marriage, case
number 09-DR-952, issued by the Circuit Court of the First
Judicial Circuit in and for Walton County, Florida, the parties
were divorced on 19 Feb 10.
According to a death certificate, state file number 101 2013-
40935, issued by Alabama Center for Health Statistics, the
applicant died on 10 Nov 13. He was not married at the time of
his death.
In an e-mail dated 14 Jan 15, DFAS-CL advised that there was a
refund of SBP cost issued for the total amount of $8441.66 for
the period of premiums paid from 1 Mar 10 through 31 Oct 13.
The former spouse received $3939.64 of the SBP credit and the
decedents son received $4502.02.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. As background, a persons
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.
Despite the decedents failure to submit a valid former spouse
election change, he did not request coverage for the applicant
to be terminated following their divorce, indicative of his
intent for her to remain eligible for his SBP. To deny the
applicants request would be to deny an asset awarded to her by
the court. Absent a competing claimant, DPFFF recommends the
service members record be corrected to reflect on 20 Feb 10,
the decedent submitted a valid election for 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.
The complete DPFFF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Mar 14, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
C). As of this date, this office has not received a response.
________________________________________________________________
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. 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 applicants 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 20 Feb
10, he elected to change his SBP 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-2013-05676 in Executive Session on 9 Oct 14, under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 13, w/atchs.
Exhibit B. Letter, AFPC/DPFFF, dated 3 Mar 14.
Exhibit C. Letter, SAF/MRBR, dated 21 Mar 14.
AF | BCMR | CY2013 | BC 2013 05614
There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedents 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. SBP premiums were deducted from the decedents retired pay until his 28 Jun 11 death. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
AF | BCMR | CY2013 | BC 2013 03731
The decedent elected spouse and child SBP coverage based on a reduced level of retired pay prior to his 1 Jul 95 retirement. There is no evidence either party submitted a valid election to change spouse to former spouse coverage within the first year following their divorce as the law requires. The complete DPFFF evaluation is at Exhibit F. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant acknowledges the change to the advisory opinion to recommend the decedents record...
AF | BCMR | CY2012 | BC-2012-04626
________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFFF recommends approval, stating, in part, 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 on 1 Feb 94, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. Considering the applicant failed to execute a deemed...
AF | BCMR | CY2014 | BC 2014 00195
APPLICANT CONTENDS THAT: In a two-page brief, through counsel, the applicant contends the following: Her former spouse intended for her to be the SBP beneficiary from the date of their divorce on 18 May 99, to the date of his death. The Board should consider her untimely application in the interest of justice because she did not discover the error until after the death of her former spouse. There is no evidence of Air Force error in this case and absent a competing claimant, we recommend...
AF | BCMR | CY2014 | BC 2014 00704
He submitted DD Form 1882, for former spouse and child coverage; however, DFAS-CL did not honor the election because it was not received until after the one-year eligibility period. However, while the applicant contends the election for former spouse coverage was made within the required time, no evidence has been provided, to our satisfaction, that she or the deceased former member submitted a valid former spouse election during the first year following their divorce. THE BOARD DETERMINES...
AF | BCMR | CY2014 | BC 2014 00167
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00167 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated as the former spouse beneficiary under the Survivors Benefit Plan (SBP). There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the decedents record be corrected to reflect that on...
AF | BCMR | CY2014 | BC 2014 00338
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00338 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated as the former spouse beneficiary under the Survivors Benefit Plan (SBP). Second, we note that the divorce decree submitted by the applicant was not final, as it was not executed by both parties and the court. ...
AF | BCMR | CY2013 | BC 2013 03921
AIR FORCE EVALUATION: AFPC/DPFFF recommends granting relief. The parties divorced on 2 Dec 04, and in the Agreement, incorporated in the divorce decree, the decedent agreed to pay SBP premiums currently in place for the benefit of the applicant. SECRETARY OF THE AIR FORCE WASHINGTON JUL 2 2 2015 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Docket Number: BC-2013-03921 I have carefully reviewed the AFBMCR application...
AF | BCMR | CY2013 | BC-2013-01181
The parties divorced on 23 Jan 1987, and the divorce decree ordered the conversion of the SBP annuity. However, we also note that federal law makes the election unavailable when the deemed election is not timely effected, and no evidence has been presented which shows a deemed election was made within the one-year time period mandated by the law. Exhibit D. Letter, SAF/MRBC, dated 31 Oct 2013, w/atch.
AF | BCMR | CY2014 | BC 2014 00712
A person's eligibility as an SBP spouse beneficiary terminates upon divorce; however, the law provides two mechanisms for changing spouse coverage to former spouse coverage. The court order awarded the applicant the SBP and DFAS-CL records continued to reflect the applicants name as the eligible spouse beneficiary and SBP premiums continued to be deducted from the member's retired pay until his 14 Oct 13 death. As of this date, no response has been received by this office (Exhibit D).