RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00796 

 COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show his former spouse as his Survivor 
Benefit Plan (SBP) beneficiary, rather than his current spouse. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The error in his records was an oversight on his part when he went 
through his retirement process. He and his former spouse divorced 
four years prior to his retirement. The divorce decree named his 
former spouse as the beneficiary. However, as four years had 
passed, he mistakenly selected his current spouse as beneficiary 
when he should have selected his former spouse. 

 

In support of his appeal, the applicant provides pertinent copies 
of divorce paperwork from his first divorce, both of his marriage 
licenses, a DD Form 2293, Application for Former Spouse Payments 
from Retired Pay, and a Division of Thrift Savings Plan ruling. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant and his former spouse were married on 28 Mar 89 and 
divorced on 23 Jul 04. The court order, Dividing Military 
Retirement, deemed the former spouse as the irrevocable SBP 
beneficiary. However, the Defense Finance and Accounting Service 
(DFAS) has no record of the former spouse requesting a deemed 
election within one year of the divorce. The applicant and his 
current spouse married on 3 Nov 07, one year prior to his 
retirement. The applicant was counseled on the options and 
effects of the SBP and he elected his current spouse as his SBP 
beneficiary based on full retired pay. Absent a deemed election 
from the former spouse within the required time frame, DFAS 
established coverage for the applicant’s current spouse. 

 

_________________________________________________________________ 

 

On 16 Mar 09, AFPC/DPIAR requested the applicant complete a 
DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement 
for Former Spouse Coverage, and forward it to his former spouse 


for completion of the former spouse section of the form. The 
applicant responded that he forwarded the form to his former 
spouse’s lawyer; however, to date, DPSIAR has not received the 
completed document. Therefore, as the request involves two 
potential SBP beneficiaries, no recommendation is provided. 

 

DPSIAR’s complete evaluation is at Exhibit B. 

 

The Agency Legal Advisor recommends denial. Despite a court 
order directing the member to cover his first wife, Federal law 
makes the election unavailable when the deemed election is not 
timely effected. If there were not a competing eligible 
beneficiary, the Agency Legal Advisor would recommend correcting 
the record. He would also recommend correcting the record if the 
current spouse gave her notarized consent. Absent the consent, 
there are no extraordinary circumstances that would support not 
enforcing the deemed election requirement given the fact 
correcting the record in the manner requested would deprive the 
decedent’s current spouse benefits to which she is legally 
entitled. 

 

The complete Legal Advisor’s evaluation, with attachments, is at 
Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 10 December 2009 for review and response within 
30 days. As of this date, this office has received no 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After a thorough 
review of the evidence of record and applicant's submission, we 
are not persuaded the applicant’s records should be changed to 
make his former spouse an eligible former spouse SBP beneficiary. 
We note neither the applicant, nor the former spouse filed the 
necessary SBP election application that would have provided SBP 
coverage to the former spouse within the one-year time frame 
allotted them to do so. Therefore, we agree with the opinion and 
recommendation of the Agency Legal Advisor and adopt his rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error or injustice. Accordingly, we find no basis to 
recommend granting the requested relief. 

 


_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that 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-2009-00796 in Executive Session on 2 February 2010, under the 
provisions of AFI 36-2603: 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 Feb 09, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 17 Apr 09. 

 Exhibit C. Letter, Legal Advisor, dated 5 Nov 09, 

 w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Dec 09. 

 

 

 

 

 

 Panel Chair