RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03169 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former spouse’s record be changed to show he elected former spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: She did not know she was to inform authorities of her divorce to be eligible for SBP. In support of her request, the applicant submits a copy of her divorce decree, dissolution of marriage and death certificate. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The decedent and his former spouse were married on 24 July 1950 and he elected spouse only SBP coverage prior to his 1 April 1977 retirement. They divorced on 15 July 1997. The decedent married his second spouse on 23 August 2001 and he did not request that the Defense Finance and Accounting Service - Cleveland Center (DAFS-CL) establish SBP coverage on her behalf. The decedent died on 22 July 2011. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR makes no recommendation. DPSIAR states the applicant and the former service member’s divorce decree indicates the member agreed to retain the applicant as the irrevocable SBP beneficiary. There is no evidence either party submitted a valid former spouse election during the required time following their divorce. The former service member’s retired pay records erroneously reflect the applicant’s name and her date of birth (5 April 1933) as the eligible spouse beneficiary. SBP premiums were deducted from his retired pay until 1 October 2008, when the paid-up SBP provision became effective. The service member’s widow is currently receiving a monthly SBP annuity of $574.00. The DPSIAR complete evaluation is at Exhibit B. On 26 March 2012, the applicant was provided an advisory (Exhibit C) prepared by SAF/GCM on similar cases considered by the Board. The Board has been advised that it can consider cases involving potential claims by more than one spouse or former spouse if there is evidence that the member or former spouse timely notified the Government within one year after the divorce was final, or if there are extraordinary circumstances that would justify correction of the record. For example, extraordinary circumstances might exist if the current spouse signs a notarized affidavit saying she waives her potential claim to the survivor benefits in favor of complying with the member’s obligations under the divorce agreement. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 26 March 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit D). 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain her burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03169 in Executive Session on 8 May 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03169 was considered: Exhibit A. DD Form 149, dated 10 August 2011, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 22 September 2011. Exhibit C. Letter, SAF/GCM, dated 18 October 2006. Exhibit D. Letter, AFBCMR, dated 26 March 2012.