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AF | BCMR | CY2013 | BC 2013 05676
Original file (BC 2013 05676.txt) Auto-classification: Approved
				  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 spouse’s 
Survivor’s 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 applicant’s 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 
decedent’s son received $4502.02.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  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.  

Despite the decedent’s 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 
applicant’s request would be to deny an asset awarded to her by 
the court.  Absent a competing claimant, DPFFF recommends the 
service member’s 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 applicant’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 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. 


 

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