RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00093 

INDEX CODE: 137.03 

 XXXXXXXXXXXX (DECEASED) COUNSEL: NONE 

 XXXXXXXXXXXX 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be recognized as her former husband’s Survivor Benefit Plan 
(SBP) beneficiary. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

At the time of his retirement from the Air Force, her former 
husband designated her as the beneficiary to receive all final 
payments and monies owned him upon his death. He started having 
SBP premiums deducted from his retired pay and designated her to 
receive the SBP benefit. 

 

In support of her appeal, the applicant provides copies of her 
driver’s license; marriage certificate to her former husband; a 
copy of his death certificate; obituaries; DD Form 2656-7, Verification for Survivor Annuity; the decedent’s DD Form 214, Certificate of Release or Discharge from Active Duty, her divorce 
decrees; and documents concerning the applicant’s claim of rights 
to the decedent’s property. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The decedent was a former member of the Regular Air Force who was 
progressively promoted to the grade of technical sergeant (E-6) 
effective 1 September 1992. He was released from active duty on 
31 August 1994 and retired effective 1 September 1994, having 
served 16 years and 20 days on active duty. 

 

The remaining relevant facts, extracted from the member’s 
military service records, are contained in the Air Force advisory 
opinion at Exhibit B. 

 

_________________________________________________________________ 


 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR defers this case without recommendation based on 
guidance from the Board, because it involves two potential SBP 
beneficiaries. DPSIAR states the decedent married the applicant 
on 29 December 1978 and elected spouse only SBP coverage based on 
a reduced level of retired pay prior to his 1 September 1994 
retirement. The parties divorced on 28 July 1995 and the divorce 
decree was silent on the SBP. There is no evidence the member 
submitted a valid former spouse election within one year 
following their divorce. 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
records show the decedent married XXXXXXXXXXX on 4 May 1996; 
however, he did not notify the Defense Finance and Accounting 
Service of his change in marital status. XXXXXXXXXXX became the 
eligible spouse beneficiary on the first anniversary of the 
marriage. Records reflect the member died on 7 February 2008 and 
XXXXXXXXXX began receiving monthly SBP payments (currently $331). 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

The BCMR Legal Advisor recommends denial. The BCMR Legal Advisor 
states that in accordance with federal law, the decedent’s widow 
is the eligible beneficiary unless there has been a legally 
effective election. In this case, the election would have been 
voluntary since the court order did not mandate SBP coverage for 
his former spouse. If there were not a competing eligible 
beneficiary, the BCMR Legal Advisor would recommend correcting 
the record. He would also recommend correcting the record if the 
current spouse gave her notarized consent. Absent the consent, 
there are no extraordinary circumstances that would support not 
enforcing the deemed election requirement given the fact 
correcting the record in the manner requested would deprive the 
decedent’s current spouse benefits to which she is legally 
entitled. 

 

The complete BCMR Legal Advisor’s evaluation, with attachments, 
is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the BCMR Legal Advisor’s evaluation was forwarded to the 
applicant on 11 May 2010 for review and response within 30 days 
(Exhibit D). 

 

The applicant responded by requesting the Board consider all 
parties involved and by reviewing all the facts before reaching a 
final decision. She was married to the decedent for 15 years of 


his time in the Air Force. She was recognized by the Air Force 
for her unselfish, faithful, and devoted service upon his 
retirement. She has certain rights that his second spouse did not 
earn. 

 

The applicant’s complete rebuttal, with attachments, is at Exhibit 
E. 

 

_________________________________________________________________ 

 

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. We took notice 
of the applicant’s complete submission in judging the merits of 
this case; however, we agree with the opinion and recommendation 
of BCMR Legal Advisor and adopt his rationale as the basis for 
our decision that the applicant has failed to sustain her burden 
that she has suffered either an error or injustice. Therefore, 
in the absence of evidence to the contrary, we find no compelling 
basis to recommend granting the relief sought in this 
application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2010-00093 in Executive Session on 30 September 2010, 
under the provisions of AFI 36-2603: 

 

 XXXXXXXXXXXXXXXXX, Panel Chair 

 XXXXXXXXXXXXXXXXX, Member 

 XXXXXXXXXXXXXXXXX, Member 

 


The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-00093: 

 

 Exhibit A. DD Form 149, dated 5 Jan 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 17 Mar 10. 

 Exhibit C. Letter, SAF/MRB, dated 4 May 10, w/atchs. 

 Exhibit D. Letter, AFBCMR, dated 11 May 10. 

 Exhibit E. Letter, Applicant, not dated, w/atchs. 

 

 

 

 

 XXXXXXXXXXXXXXXXXXX 

 Panel Chair