RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03454 

 COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her former husband’s records be corrected to show he made a 
timely election for former spouse and child coverage under the 
Survivor Benefit Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her former husband was ordered by the court three times to put 
her and their four children as beneficiaries of SBP upon his 
retirement. 

 

In support of her request, the applicant provides copies of her 
Certificate of Final Judgment from the Central Juvenile & Family 
Court, her divorce decree; a letter from the Defense Finance and 
Accounting Service (DFAS); her DD Form 2556-1, Survivor Benefit 
Plan (SBP) Election Statement for Former Spouse Coverage; and DD 
Form 2656-10, Survivor Benefit Plan (SBP)/Reserve Component(RC) 
SBP Request for Deemed Election. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant and her former husband were married on 28 May 1988. 
The parties divorced on 27 March 2002 and in the Divorce 
Settlement Agreement, the applicant and former husband agreed 
that the applicant and their minor children would be the 
beneficiaries of any survivor benefits. There is no evidence DFAS 
received a request from the former husband deeming that an SBP 
election made on her behalf during the first year following the 
date of be divorce. The Defense Enrollment Eligibility Report 
System (DEERS) records show the former husband remarried on 
24 June 2002. 

 

On 16 January 2003, the former husband was ordered by a Qualified 
Domestic Relations Order (QDRO) to ensure the monthly survivor 
annuity benefit would be payable to the applicant and their 
children. The former husband retired on 1 July 2008 and he 
elected child only SBP coverage based on full-retired pay and the 
spouse concurred in his election. On 19 June 2009, the applicant 


and former husbandreaffirmed the terms of their original decree 
and property settlement thatincluded language referring to SBP. 
Absent a validelection from the former husband, DFAS establishedthe SBP coverage the applicant elected. The applicantremarried 
on 15 August 2006, prior to her 55thbirthday; therefore, she is 
not eligible as a former spouse SBP beneficiary as long as the 
marriage continues. 

AIR FORCE EVALUATION:

AFPC/DPSIAR states there is no evidence of an Air Force error; 
however, in the interest of justice and absent a competing 
spouse, we recommend the applicant’srecord be corrected to 
reflect the former husbandsubmitted a valid request that SBP 
coverage be deemed on her behalfand child coverage based on fullretired pay under the SBP, retroactively established effective 
1 July 2008. DPSIAR also states the record should further be 
corrected to show the former spouse coverage was immediately 
suspended, due to the former spouse’s remarriage prior to age 55,
and child only coverage for their four children was therefore 
established. In addition, approval should be contingent upon 
recovery of any applicable retroactive cost. 

ThecompleteDPSIAR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copyof the Air Force evaluation wasforwarded to the member on12 November2010, for review and comment within 30 days. As of 
this date, no response has been received by this office.(ExhibitD).

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. 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 theSBP annuity based on full retired pay tocomply with the divorce 
decree and settlement agreement awarding the asset to her by the 
court. Therefore, we agree with the opinion and recommendation ofthe Air Force office of primary responsibilitythat although the 
error was not caused by the Air Force, it would be an injustice 

not to change the records. Therefore, we recommend that 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: 

 

 a. On 1 July 2008, he elected "former spouse and child 
coverage" based on full-retired pay, naming applicant as the 
eligible beneficiary. 

 

 b. The former spouse's portion of his Survivor Benefit 
Plan (SBP) election of former spouse and child coverage based on 
full retired pay, naming applicant as the eligible former spouse 
beneficiary, was immediately suspended due to the former spouse’s 
remarriage prior to age 55. Child only coverage for the children 
resulting from their marriage (children born on 8 January 1995, 7 
May 1997, 6 October 2001 and on 6 October 2001) was established. 
Approval should be contingent upon recovery of any applicable 
retroactive costs. 

 

_______________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-03454 in Executive Session on 1 June 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 16 Sep 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 22 Oct 10 

 Exhibit C. Letter, SAF/MRBR, dated 12 Nov 10. 

 

 

 

 

 

 Panel Chair 

 


AFBCMR BC-2010-03454 

 

 

 

 

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: 

 

 a. On 1 July 2008, he elected "former spouse and child coverage" based on full-retired 
pay, naming applicant as the eligible beneficiary. 

 

 b. The former spouse's portion of his Survivor Benefit Plan (SBP) election of former 
spouse and child coverage based on full retired pay, naming Tina as the eligible former spouse 
beneficiary, was immediately suspended due to the former spouse’s remarriage prior to age 55. 
Child only coverage for the children resulting from their marriage was established. Approval 
should be contingent upon recovery of any applicable retroactive costs. 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency