RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02901 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

Her former spouse’s record be changed to show he elected former 
spouse coverage under the Survivor Benefit Plan (SBP). 

 

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APPLICANT CONTENDS THAT: 

 

She is entitled to the SBP and remains the member’s former spouse 
under the plan. 

 

In support of her request, the applicant submits a copy of her 
divorce decree. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
records show the applicant and the former service member were 
married on 7 December 1971, and he declined SBP coverage prior to 
his 1 February 1985 retirement. They divorced on 17 April 1996. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states the divorce decree 
stated that the applicant “is (or should be)” named as the SBP 
beneficiary. There is no evidence the member submitted a 
voluntary election during either open enrollment periods that 
followed their divorce. Although the court may have attempted to 
award SBP to the applicant, the SBP law is very specific, in that 
it does not allow former spouse coverage to be established unless 
the former spouse was covered as a spouse when the member 
retired. Absent such an election, the court does not have 
standing to require a member to elect SBP coverage. There is no 
evidence of Air Force error or injustice in this case, and no 
basis in law. 

 


The DPSIAR complete evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 30 September 2011, a copy of the Air Force evaluation was 
forwarded to the applicant and the former service member for 
review and comment within 30 days (Exhibit C). As of this date, 
this office has received no response. 

 

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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. The 
applicant’s contentions are duly noted; however, we agree with 
the opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion that the applicant has not been the victim of an error 
or injustice. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2011-02901 in Executive Session on 23 February 2012, 
under the provisions of AFI 36-2603: 

 

 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02901 was considered: 

 

 Exhibit A. DD Form 149, dated 20 July 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 13 September 2011. 

 Exhibit C. Letter, SAF/MRBR, dated 30 September 2011.