RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-00362 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her former spouse’s records be corrected to show that a valid 
deemed election was received to establish “former spouse” 
coverage under the Reserve Component Survivor Benefit Plan 
(RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was granted 50 percent of her husband’s retirement as stated 
in their Domestic Relations Division Court Order, dated 1 Nov 93. 

 

Their divorce was granted/filed on 24 Aug 93, and the paperwork 
was sent to the Defense Finance and Accounting Service-Cleveland 
(DFAS-CL) by her attorney, and was filed by the said office on 
3 Aug 94, which was within the one-year timeframe. 

 

She discovered the error when she called DFAS to update her new 
address. 

 

In support of her request, the applicant provides a personal 
statement, copies of a letter sent to ARPC/DPTTE, and her divorce 
decree and marriage license. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The service member retired from the Air Force Reserve in Oct 92. 

 

On 3 May 93, the member completed an ARPC Form 123, Reserve 
Component Survivor Benefit Plan Election Certificate, and 
indicated that he had no eligible spouse or children and deferred 
participation. 

 

The applicant and the member were divorced on 24 Aug 93. The 
court found both of their children to be emancipated. 

 


The applicant’s attorney sent a copy of the divorce decree to 
DFAS-CL, which was received on 3 Aug 94, and was within the one-
year timeframe prescribed by Title 10, United States Code, 
Section 1448. 

 

On 14 May 10, the member completed a DD Form 2656, Data for 
Payment Retired Personnel, to start drawing retired pay, and made 
an election for “child only” coverage under the SBP. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends approval. DPTT states based on the evidence 
provided, it does show the applicant attempted to make a former 
spouse election; and based on this they recommend the records be 
corrected to show that the former spouse deemed her election on 
3 Aug 94. 

 

The complete DPTT evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 27 Mar 12, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. As of this 
date, a response has not been received by this office (Exhibit 
C). 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to demonstrate 
the existence of error or injustice. After thoroughly reviewing 
the evidence of record, we agree with the Air Force office of 
primary responsibility that it would be appropriate to grant the 
relief requested. The divorce decree directed the applicant 
receive the SBP, and it appears an attempt was made by the 
applicant to comply with the one-year requirement to make a deemed 
election. In this respect, we note the applicant mailed a copy of 
the divorce decree to DFAS within the one year timeframe 
prescribed by 10 U.S.C 1448. However, it appears ARPC never 
received the divorce decree and a deemed election was never put 
into effect. Therefore, we believe the evidence is sufficient to 
find it in the interest of justice to correct the record to 
reflect the applicant as the former spouse beneficiary. In view 


of the above, we recommend the records be corrected as indicated 
below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 3 Aug 94, a 
valid deemed election was received to establish former spouse 
coverage under the Reserve Component Survivor Benefit Plan 
(RCSBP), based on full retired pay, naming his FORMER SPOUSE, as 
the former spouse beneficiary for Option C (Immediate Annuity). 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-00362 in Executive Session on 27 Nov 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Jan 12, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 19 Mar 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 27 Mar 12. 

 

 

 

 

 Panel Chair