RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: 

 DOCKET NUMBER: BC-2010-04680 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be named as the former spouse to receive the Survivor Benefit 
Plan (SBP) benefits. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was divorced on 22 Apr 98. Her divorce decree lists her as 
the SBP beneficiary to receive the former member’s SBP benefits. 
Shortly after the divorce, she went to Portsmouth Naval Shipyard 
and spoke with the personnel staff and they confirmed that she 
was named as the beneficiary. She was told that she did not need 
to do anything further and that she would continue to be listed 
as the beneficiary. On 10 Dec 10, she learned that her former 
husband listed his current spouse as the SBP beneficiary which is 
in violation of the divorce decree. She was not notified of any 
change in her status as the beneficiary to his retirement 
benefits and insurance. She is requesting the record be 
corrected to reflect her as the permanently named SBP beneficiary 
of his military benefits. 

 

In support of her request, the applicant provides a copy of her 
separation document and copies of her divorce decree. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letters prepared by the appropriate offices of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 

 

 

 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIAR does not provide a recommendation based on the AFBCMR 
guidance, dated 18 Mar 04, regarding two potential SBP 
beneficiaries. 

 

The DPSIAR complete evaluation is at Exhibit B. 

 

SAF/MRB Legal Advisor recommends denial. The Legal Advisor 
states that the applicant cannot be the SBP beneficiary because 
she did not file the required deemed election. The applicant may 
not have known of the need to request coverage but that does not 
change the legal requirements. The Legal Advisor notes that if 
there were not a competing eligible beneficiary, he would 
recommend correcting the record, but there is. The Legal Advisor 
would also recommend correcting the record if the second spouse 
gave her notarized consent; however, absent that consent, there 
is no extraordinary circumstances here that would support not 
enforcing the deemed election requirement given the fact that 
correcting the record in the manner request will deprive the 
member’s current spouse benefits to which she is legally 
entitled. 

 

The SAF/MRB Legal Advisor’s evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 7 Jun 11 for review and comment 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we accept the determination of the 
SAF/MRB Legal Advisor and adopt his rationale as the basis for 
our conclusion the applicant has not demonstrated that the 
extraordinary circumstances exist that are required for this 
Board to grant relief in cases of competing SBP beneficiaries. 


While we do not take issue with the applicant’s assertion that 
her divorce decree ordered her former husband to continue 
coverage for her under SBP, he failed to convert the coverage to 
former spouse coverage within one year of their divorce as 
required by law. Regrettably, the applicant also failed to 
execute a deemed election for coverage within the one year 
timeframe. Consequently, the current spouse gained entitlement 
to the benefit as an operation of law. Since the applicant has 
failed to demonstrate that extraordinary circumstances existed 
that would override the failure of she and her former husband to 
effect the former spouse coverage, based on the legal guidance 
the Board has been given, we can only grant the relief sought if 
the current spouse provides notarized consent relinquishing the 
benefit. Otherwise, the applicant’s only recourse is to return 
to a court of law to have the issue decided. Therefore, in the 
absence of evidence to the contrary, 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-2010-04680 in Executive Session on 19 Jul 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 15 Dec 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 27 Dec 10. 

 Exhibit C. Letter, SAF/MRB Legal Advisor, dated 11 May 11. 

 Exhibit D. Letter, AFBCMR, dated 7 Jun 11. 

 

 

 

 

 

 Panel Chair