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AF | BCMR | CY2010 | BC-2010-03308
Original file (BC-2010-03308.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03308 

 

 COUNSEL: 

 HEARING DESIRED: NO 

 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased former spouse’s military record be changed to show he 
made a timely Survivor Benefit Plan (SBP) election for former 
spouse coverage. 

 

__________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She should be given favorable consideration to be awarded the 
former member’s SBP under Public Law 98-94 dated 24 Sep 83. 

 

In support of her request, the applicant provides a copy of a 
Defense Finance and Accounting Service (DFAS) printout, a copy of 
the former member’s DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, a copy of the former member’s 
death certificate, a copy of her marriage license, and a copy of 
her divorce decree. 

 

Her complete submission, with attachments, is at Exhibit A. 

 

__________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application 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 does not provide a recommendation because it involves 
two potential SBP beneficiaries. 

 

The DPSIAR complete evaluation is at Exhibit B. 

 

The AFRBA Legal Advisor recommends denial and states in part that 
despite the Jan 88 court order directing the member to convert to 


former spouse coverage, federal law makes the election unavailable 
when the deemed election is not timely filed. In this case, there 
is no evidence either party requested SBP coverage within one year 
of the divorce as required by law. If there were not a competing 
eligible beneficiary, the AFRBA Legal Advisor would recommend 
correcting the record, but there is. The AFRBA Advisor would also 
recommend correcting the record if the current spouse gives her 
notarized consent. Absent that consent, no extraordinary 
circumstances exist that 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 benefits 
to which she is legally entitled. 

 

The complete AFRBA Legal Advisor evaluation is at Exhibit C. 

 

__________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluations were forwarded to the 
applicant on 30 Nov 10 for review and comment within 30 days. As 
of this date, this office has received no response. 

 

__________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. After a 
thorough review of the evidence of record and applicant’s 
submission, we are not persuaded that the former member’s records 
should be changed to make the applicant an eligible former spouse 
SBP beneficiary. We note neither the applicant, nor the former 
member filed the necessary SBP election applications that would 
have provided the former spouse SBP coverage within the one-year 
time frame allotted them to do so. Therefore, we agree with the 
opinion and recommendation of the SAF/MRB legal advisor and adopt 
his rationale as the basis for our conclusion that the applicant 
has not been the victim of an error or injustice, and in the 
absence of evidence to the contrary, we find no 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-2010-03308 in Executive Session on 10 Feb 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Aug 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 7 Oct 10. 

 Exhibit C. Letter, SAF/MRB, dated 23 Nov 10. 

 Exhibit C. Letter, SAF/MRBR, dated 30 Nov 10. 

 

 

 

 

 

 Panel Chair 



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