RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01544 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be entitled to benefits under the Survivor Benefit Plan 
(SBP). 

 

____________________________________________________________
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APPLICANT CONTENDS THAT: 

 

The former spouse listed on the divorce decree, dated 13 Feb 
07, should be removed from the decedent’s record as the 
eligible beneficiary. 

 

In support of her request, the applicant provides copies of 
a direct deposit form; the deceased member’s divorce decree 
(from former spouse); marriage certificate; personal 
statement, and the deceased member’s death certificate. 

 

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

 

____________________________________________________________
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STATEMENT OF FACTS: 

 

The applicant and the service member were married on 27 Feb 
09. 

 

Other relevant facts pertaining to this application, 
extracted from the applicant’s military records, are 
contained in the letter prepared by the appropriate office 
of the Air Force. Accordingly, there is no need to recite 
these facts in this Record of Proceedings. 

 

 

 

 

 

_________________________________ 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIAR did not provide a recommendation, based on 
previous guidance by the AFBCMR when the application 
involves two potential SBP beneficiaries. 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflects the decedent and his former spouse were married on 
20 Jun 70. The decedent elected SBP spouse and child 
coverage based on full retired pay prior to his 1 Nov 87 
retirement. The last dependent child lost eligibility 
effective Jun 95. The decedent was divorced on 15 May 07 [nunc pro tunc (now for then) to 13 Feb 07]. Their 26 Sep 06 
petition for dissolution of marriage stated the "husband and 
wife may elect Survivor's Benefit Plan coverage within one 
year of the order entering final judgment of dissolution." 
On 31 Jan 08, the former spouse’s attorney submitted a valid 
request to the Defense Finance and Accounting Service-
Cleveland Center (DFAS-CL) to deem an SBP election on her 
behalf. 

 

The decedent died, on 27 Sep 11, and the former spouse is 
receiving payments of the SBP annuity (approximately $930 
per month). 

 

The DPSIAR evaluation is attached at Exhibit B. 

 

____________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

In her response, the applicant notes that she was married to 
the decedent for over 23 years, was with him during his 
illness and death. She should be eligible for some benefits 
from the military. Since his death it has been very 
difficult especially with the family finances. 

 

In support of her appeal, the applicant provides several 
letters to support her claim. 

 

The applicant’s complete response, with attachments, is at 
Exhibit D. 

 

_________________________________________________________________ 

 

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 error or injustice. The 
applicant’s response to the Air Force evaluation is noted; 
however, Title 10, United States Code (U.S.C.), Section 
1448, provides two mechanisms for changing spouse coverage 
to former spouse coverage. Both must be exercised within 
the first year following divorce: the retiree may file an 
election change, or the former spouse may request the 
retiree be deemed to have made such a change on his or her 
behalf. The request must be written, signed by the person 
making the election, and received by the Secretary concerned 
within one year after the date of the decree of divorce, 
dissolution, or annulment. Based on the available evidence 
of record and the applicant’s submission, it appears the 
decedent and the applicant were married in Feb 09. 
Subsequent to the divorce of his first spouse, a deemed 
election for former spouse coverage was submitted to DFAS 
and accepted in accordance with the divorce decree and the 
governing law. While we empathize with the applicant, we 
did not find any evidence to establish that she has been the 
victim of an error or injustice. In view of the above, we 
find no basis to recommend granting the relief sought in 
this application. 

 

____________________________________________________________
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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. 

 

____________________________________________________________
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The following members of the Board considered AFBCMR Docket 
Number BC-2012-01544 in Executive Session on 19 December 
2012, under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Mar 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 21 May 12. 

 Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12. 

 Exhibit D. Letter, dated 10 Jun 12, w/atchs. 

 

 

 

 


 Panel Chair