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AF | BCMR | CY2011 | BC-2011-01647
Original file (BC-2011-01647.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-
01647 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

___________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

___________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She needs to set up SBP as stated in the divorce decree. 
She was not aware that this was separate from receiving pay 
and thought everything was approved in 1995. 

 

In support of her request, the applicant provides a copy of 
the divorce decree and a letter from her attorney to the 
Defense Finance and Accounting Service (DFAS). 

 

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

 

___________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Data extracted from the Air Force advisory shows the 
applicant and the service member divorced on 4 March 1994. 
Neither the applicant nor the member made a deemed election 
for the SBP within a year of the divorce, as required. The 
member remarried on 19 September 1994. He attained age 60 
and began drawing retirement pay on 20 September 2009. 

 

The remaining relevant facts pertaining to this application 
are contained in the letter prepared by the appropriate 
office of the Air Force, which is attached at Exhibit B. 

 

___________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR does not provide a recommendation per AFBCMR 
guidance because it involves two potential SBP 


beneficiaries. The Defense Enrollment Eligibility 
Reporting System (DEERS) reflects the member married on 19 
September 1994. Absent a valid election from the member, 
DFAS established full spouse coverage for the current 
spouse to comply with the law. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

On 2 February 2012, the applicant was provided advisories 
(Exhibit C) prepared by the SAF/MRB Legal Advisor, HQ 
USAF/JAA, and SAF/GCM on similar cases considered by the 
Board. The Board has been advised that it should not 
consider cases involving disputed claims unless a court of 
competent jurisdiction has ruled in the case or pushes the 
AFBCMR to make a determination in the case. 

 

___________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 2 February 2012 for review and comment within 
15 days. As of this date, this office has received no 
response (Exhibit D). 

 

___________________________________________________________ 

 

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 an error or injustice. We 
took notice of the applicant’s complete submission in 
judging the merits of the case; however, the applicant has 
not demonstrated that a court of competent jurisdiction has 
ruled in this case or directed the AFBCMR to make a 
determination as required for this Board to grant relief in 
cases of competing SBP beneficiaries. While we do not take 
issue with the applicant’s assertion that her divorce 
decree ordered her former husband to continue coverage for 
her under SBP, he failed to convert the coverage to former 
spouse coverage within one year of their divorce as 
required by law. Regrettably, the applicant also failed to 
execute a deemed election for coverage within the one year 
timeframe. Consequently, the member’s spouse gained 
entitlement to the benefit as an operation of law. Since 
the applicant has failed to demonstrate that extraordinary 


circumstances existed that would override the failure to 
effect the former spouse coverage, based on the legal 
guidance the Board has been given, we can only grant the 
relief sought if the former member’s spouse provides 
notarized consent relinquishing the benefit. Otherwise, 
the applicant’s only recourse is to return to a court of 
law to have the issue decided. Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the requested relief. 

 

___________________________________________________________ 

 

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-2011-01647 in Executive Session on 23 February 
2012, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dtd 29 Apr 11, w/atchs. 

 Exhibit B. Letter, SAF/MRB Legal Advisor, dtd 20 Jan 
09. 

 Exhibit C. Letter, AFPC/DPSIAR, dtd 8 Jun 11. 

 Exhibit D. Letter, AFBCMR, dtd 2 Feb 12. 

 

 

 

 

 

 Panel Chair 

 



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