RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02019 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he made a timely election for former 
spouse coverage under the Survivor Benefit Plan (SBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

After his divorce negotiations in 2002, he went to Tinker Air Force 
Base to ask about SBP, however, he was not informed about the DD Form 
2656-1, Survivor Benefit Plan (SBP) Election Statement for Former 
Spouse Coverage. In fact, he was told that both his former and 
subsequent spouse could be the recipients of SBP. 

 

Upon his remarriage in 2005, he tried to add his current spouse and 
was told only one person could receive SBP. He was also told that it 
was too late to designate his former spouse because it had been more 
than two years since his divorce. In addition, there was no mention 
of the DD Form 2656-1 or the possibility of a correction of records. 
Assuming he had no other option, he designated his current wife as the 
recipient of SBP. 

 

In a recent conversation with his former spouse, she pointed out he 
was in contempt of the court order and he realized he needed to do 
something to correct the situation. Fortunately, a retired master 
sergeant informed him that only one person could receive SPB and that 
he should complete the DD Form 2656-1 to comply with the court order. 

 

In support of his request, the applicant provides copies of his 
divorce decree, and his DD Form 2656-1, Survivor Benefit Plan (SBP) 
Election Statement for Former Spouse Coverage. 

 

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

 

_________________________________________________________________ 

 

 

 

 

 

STATEMENT OF FACTS: 

 


The member and applicant were married on 9 March 1969 and he elected 
child and spouse SBP coverage based on full-retired pay prior to his 
retirement on 1 August 1990. The parties divorced on 26 July 2002 and 
in the Military Pension Division Order, the applicant was ordered to 
maintain his former spouse as the sole primary SBP beneficiary. 
However, there is no evidence either party submitted a valid former 
spouse election within the first year following their divorce as the 
law required. On 1 January 2005, the applicant married his current 
spouse and on 21 January 2006, he requested Defense Finance and 
Accounting Service-Cleveland Center (DFAS-CL) to add his current 
spouse as the SBP beneficiary. DFAS-CL complied and updated his 
records and he was issued a refund of overpaid SBP premiums. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR indicates that since the request involves two potential 
SBP beneficiaries, no recommendation is provided. 

 

The complete DPSIAR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The SAF/MRB Legal Advisor recommends denial. Despite the July 
2002 court order directing the member to make the election, federal 
law makes the election unavailable when the deemed election is not 
timely effected. The applicant’s ignorance or confusion on the 
election requirements and options does not prevent the law from having 
its congressionally intended effect. The applicant’s story is clear 
proof that this program can be confusing even to those who administer 
it. Nevertheless, Congress has specifically chosen to address these 
situations with a clear rule, which limits the Air Force Board for 
Correction of Military Records’ (AFBCMR) ability to provide a proper 
remedy. If there were not a competing eligible beneficiary, or there 
was notarized consent of the current spouse, the MRB Legal Advisor 
would recommend correcting the record, but there is a competing spouse 
and no consent. Accordingly, the MRB Legal Advisor sees no 
extraordinary circumstances that would support not enforcing the 
deemed election requirement given the fact that correcting the record 
in the manner requested will deprive the member’s current spouse of 
benefits to which she is legally entitled. 

 

A copy of the SAF/MRB evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION 

 


The applicant provides a notarized statement from his current spouse 
to correct his record and restore SBP benefits to his former spouse 
per the court order. 

 

The applicant’s response, with attachment, is at Exhibit F. 

 

_________________________________________________________________ 

 

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. Sufficient 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 the case. After 
thoroughly reviewing the circumstances of this case, it is our opinion 
that the former spouse should receive the SBP annuity at the reduced 
level of retired pay to comply with the divorce decree and settlement 
agreement awarding the asset to her by the court. In this regard, we 
note the applicant’s current spouse has provided a notarized statement 
relinquishing her entitlement to the SBP. We are persuaded by the 
evidence presented that it was the applicant’s intent to provide his 
former spouse the SBP annuity and satisfied that his current spouse is 
fully aware she is relinquishing her entitlement to the annuity. 
Therefore, we recommend the applicant’s 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 1 August 2002, he 
elected to change his SBP election from "spouse" coverage to "former 
spouse coverage" based on a reduced level of retired pay, naming his 
former spouse as the eligible beneficiary. 

 

_________________________________________________________________ 

 

 

 

 

 

 

The following members of the Board considered Docket Number BC-2010-
02019 in Executive Session on 28 September 2010 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 24 May 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIAR, dated 30 Jun 10. 

 Exhibit D. Letter, SAF/MRB Legal Advisor, dated 3 Aug 10. 

 Exhibit E. Letter, AFBCMR, dated 11 Aug 10, w/atchs. 

 Exhibit F. Applicant’s Response, dated 30 Aug 10, w/atch. 

 

 

 

 

 

 Panel Chair 

 


AFBCMR BC-2010-02019 

 

 

 

 

MEMORANDUM FOR THE CHIEF OF STAFF 

 

 Having received and considered the recommendation of the Air Force Board for Correction of 
Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it 
is directed that: 

 

 The pertinent military records of the Department of the Air Force relating to APPLICANT be 
corrected to show that on 1 August 2002, he elected to change his SBP election from "spouse" coverage 
to "former spouse coverage" based on a reduced level of retired pay, naming as the eligible beneficiary. 

 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency