RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04295 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

She be entitled to benefits under the Survivor Benefit Plan 
(SBP). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

She was just recently informed, after her former husband’s 
death, that she was listed as the beneficiary on his SBP. 

 

In support of her appeal, the applicant provides a personal 
statement; a letter of support from her daughter; a copy of the 
decedent’s death certificate and the Joint Petition for 
Dissolution of Marriage. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIAR did not provide a recommendation. They noted, the 
applicant and the former member were married on 1 Aug 77, and he 
elected spouse and child coverage based on full-retired pay 
prior to this 1 Dec 85 retirement. The applicant provided a 
copy of the parties Joint Petition for Dissolution of Marriage, 
but did not provide a copy of the final divorce decree or 
separation agreement. They were unable to determine when the 
parties divorce was finalized and there is no evidence either 
party submitted a valid former spouse election during the 
required time following their divorce. Defense Enrollment 
Eligibility Reporting System (DEERS) records show the decedent 


married again in Aug 89, but he did not notify the Defense 
Finance and Accounting Service (DFAS) of the change in his 
marital status or request that spouse coverage be established on 
his new spouse’s behalf. The decedent’s retired pay account 
continued to reflect the applicant’s name and date of birth as 
the eligible spouse beneficiary. Nevertheless, the new spouse 
became the eligible spouse beneficiary on the first anniversary 
of their marriage by operation of law. SBP premiums were 
deducted from the decedent’s retired pay until his death, 
29 Aug 10. The decedent’s widow is currently receiving a 
monthly SBP annuity of $930.00; not the applicant. A copy of 
the final divorce decree; to include the separation agreement; 
marriage certificate, if remarried or divorce decree from that 
marriage was requested; however, she did not respond. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit C. 

 

The Air Force Review Boards Agency (AFRBA) Legal Advisor 
recommends denial, stating, in part, the applicant has not 
established that the court ordered SBP to continue and offers 
only the statements of family members stating the decedent 
intended to provide for the applicant. The applicant might not 
have known about the requirement to have a court order SBP and 
either have an election filed or file her own deemed election, 
but that does not change the legal requirements. The AFRBA 
Legal Advisor notes, if there were not a competing eligible 
beneficiary, or if the widow gives a notarized a consent, he 
would recommend correcting the record. However, since there is 
a competing eligible beneficiary, he sees no extraordinary 
circumstances that would support not enforcing the deemed 
election requirement given the fact correcting the record in the 
manner requested will deprive the former member’s widow of 
benefits to which she is legally entitled. 

 

The complete AFRBA Legal Advisor evaluation, with attachments, 
is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant reiterated her original contentions that, although 
she retired from the military, it was the decedent’s intent that 
she and their daughter be provided survivor benefits in the 
event of his death. 

 

In support of the appeal, the applicant provided a copy of the 
divorce decree, as requested, and her DD Form 214, Certificate 
of Release or Discharge from Active Duty, issued in conjunction 
with her 31 Jan 2000 separation. 

 

The applicant’s complete response, with attachments, 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission, including her response 
to the Air Force evaluation, and her late husband’s military 
records in judging the merits of the case; however, while we 
sympathize with the applicant, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and the Air Force Review Boards Agency Legal Advisor, and 
adopt the rationale expressed as the basis for our conclusion 
that the applicant has not been the victim of an error or 
injustice. Therefore, 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-04295 in Executive Session on 7 June 2011 and 
6 July 2011, under the provisions of AFI 36-2603: 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-04295 was considered: 

 

 Exhibit A. DD Form 149, dated 27 Oct 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIAR, dated 12 Jan 11. 

 Exhibit D. Letter, SAF/MRB, dated 11 Apr 11, w/atch. 

 Exhibit E. Letter, AFBCMR, dated 19 Apr 11, w/atchs. 

 Exhibit F. Letter, Applicant, dated 19 May 11, w/atchs. 

 

 

 

 


 Panel Chair