RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01710 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

______________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect that he elected former spouse 
coverage under the Survivor Benefit Plan (SBP). 

 

______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His divorce decree stated that he had to elect former spouse SBP 
coverage. He mistakenly did not do this when he retired. He was 
told his decision was irrevocable; however, he has to comply with 
the court order. 

 

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

 

______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was divorced on 29 Jun 06. In the divorce decree, 
he agreed to name his former spouse as the sole and irrevocable 
beneficiary to the SBP; however, prior to his retirement on 1 Nov 
11, he elected child only SBP coverage based on full retired pay. 
There is no evidence the former spouse submitted a deemed 
election to the Defense Finance and Accounting System (DFAS). 

 

According to information in the Defense Enrollment Eligibility 
Reporting System (DEERS), the applicant remarried on 25 Aug 12. 

 

______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends approval. Although the former spouse 
failed to request a deemed election and the applicant failed to 
submit a valid election for former spouse coverage prior to his 
retirement, to deny the request would be to deny the former 
spouse the asset awarded to her by the courts. Therefore, to 
preclude a possible injustice, it would be appropriate to correct 
the applicant’s record to reflect he elected former spouse and 
child SBP coverage based on full retire pay effective 1 Nov 11. 

 


The complete DPSIAR evaluation, with attachment, is at Exhibit C. 

 

______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 27 Jun 12, for review and comment within 30 days. As of this 
date, this office has received no response (Exhibit D). 

 

_________________________________________________________________ 

 

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 an error or injustice. In this 
respect, we note the Air Force office of primary responsibility 
(OPR) recommends the service member’s record be changed to 
reflect that he elected former spouse and child coverage under 
SBP and we agree with their recommendation. Therefore, in the 
interest of justice, 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 24 Apr 11, he 
elected former spouse and child coverage based on full retired 
pay under the Survivor Benefit Plan, naming his former spouse as 
the eligible beneficiary. 

 

_________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 6 Mar 13, under the provisions of AFI 36-
2603: 

 

 , Acting Panel Chair 

, Member 

, Member 

 


The following documentary evidence was considered in AFBCMR BC-
2012-01710: 

 

 Exhibit A. DD Form 149, dated 1 May 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIAR, dated 11 Jun 12, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 27 Jun 12. 

 

 

 

 

 

 Acting Panel Chair