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 husbands Survivor Benefit Plan (SBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She was unjustly manipulated into signing divorce papers just prior to her husbands death by her ex-husbands 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 husbands 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 applicants 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 persons 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 members 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 applicants 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.
Panel Chair
AF | BCMR | CY2013 | BC 2013 00391
________________________________________________________________ APPLICANT CONTENDS THAT: She was unjustly manipulated into signing divorce papers just prior to her husbands death by her ex-husbands son-in-law to deny her his SBP benefits. Upon retirement, he elected spouse only SBP coverage for his wife at that time. 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.
AF | BCMR | CY2013 | BC 2013 02704
She did not even know about the divorce until her husband passed away. 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. Further, the divorce decree she provided did not include language that would entitle her to former spouse SBP coverage.
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 | CY2012 | BC-2012-04943
The parties divorced on 5 Jun 98, and in the Child Custody Marital Dissolution Agreement, incorporated in the divorce decree, the member agreed the applicant would receive survivor benefits from his military retirement. There is no evidence of Air Force error, and absent a competing claimant, we recommend the member's record be corrected to reflect that he elected to change SBP spouse to former spouse coverage based on full retired pay and named the applicant as the eligible former spouse...
AF | BCMR | CY2013 | BC 2013 03410
________________________________________________________________ APPLICANT CONTENDS THAT: At the time of their divorce, 30 Nov 12, her deceased former husband did not take any action to convert his SBP coverage to former spouse coverage. Because the former member passed away within a year of his divorce to the applicant, there can be no competing beneficiary because a subsequent spouse cannot attain eligibility for SBP benefits in their own right until one year after the date of the...
AF | BCMR | CY2012 | BC-2012-05110
Records maintained by the DFAS-CL reflect spouse coverage was suspended effective 26 May 95, and SBP premiums ceased at that time. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the DECEASED FORMER MEMBER be corrected to show that on 27 May 1995, he elected former-spouse coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming his former spouse...
AF | BCMR | CY2013 | BC 2013 02594
According to their divorce decree, the decedent agreed to maintain the applicant as the SBP beneficiary. DPFFF recommends the members 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 BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
AF | BCMR | CY2013 | BC 2013 05628
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05628 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The deceased former members records be corrected to reflect he made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP), naming the applicant as the beneficiary. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the...
AF | BCMR | CY2014 | BC 2014 00393
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00393 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her former spouses records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) APPLICANT CONTENDS THAT: Their divorce decree directed her former spouse to maintain her as the beneficiary under the SBP. The applicant and the deceased former member married on...
AF | BCMR | CY2014 | BC 2014 02543
c. On 24 Jun 94, the applicant and the deceased former member divorced. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF recommends relief be granted indicating there is evidence of an injustice. On 24 Jun 94, the applicant and the former member divorced, however, there is no evidence that the former member submitted a...