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AF | BCMR | CY2011 | BC-2011-01771
Original file (BC-2011-01771.txt) Auto-classification: Approved
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01771 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His record be changed to show he elected former spouse coverage 
under the Survivor Benefit Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not make an election at the time he remarried on 
13 September 2006. 

 

In support of his request, the applicant submits a copy of his 
divorce decree and marriage license. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant and his former spouse were married on 5 September 
1959 and he elected spouse and child SBP coverage based on full 
retired pay prior to his 1 March 1983 retirement. They divorced 
on 8 May 2006. 

 

The applicant married his second spouse on 13 September 2006. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states the applicant 
married his first spouse in 1959 and his youngest child lost 
eligibility in July 1998 due to age. Their divorce decree 
ordered that the former spouse be designated as the former spouse 
beneficiary to the SBP; however, there is no evidence either 
party submitted a valid former spouse election within the first 
year following their divorce as the law requires. 

 

The applicant married his second spouse on 13 September 2006, but 
did not notify the Defense Finance and Accounting Service – 


Cleveland Center (DFAS-CL) of the change in his marital status or 
request that spouse coverage be established on her behalf. 

 

DFAS-CL’s record erroneously reflect his former spouse’s name and 
date of birth (28 May 1934) as the eligible spouse beneficiary 
and premiums continue to be deducted from the applicant’s retired 
pay. 

 

The DPSIAR complete evaluation, with attachment, is at Exhibit B. 

 

On 25 January 2012, the applicant was provided advisories 
(Exhibit C) prepared by the SAF/MRB Legal Advisor 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: 

 

The applicant’s current spouse states that the applicant’s former 
spouse is entitled to any SBP coverage and provides a notarized 
statement. 

 

The applicant’s complete response, with attachments, is at 
Exhibit E. 

 

_________________________________________________________________ 

 

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 an injustice. We note the 
applicant’s current spouse has provided a notarized statement 
relinquishing her entitlement to the SBP and we are satisfied 
that she understands and accepts her husband’s decision to cover 
his former spouse. In view of the foregoing, 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 9 May 2006, he 
elected former spouse coverage under the Survivor Benefit Plan 
(SBP) based on full retired pay, naming XXXXX as the former spouse 
beneficiary. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-01771 in Executive Session on 6 March 2012, under 
the provisions of AFI 36-2603: 

 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2011-01771 was considered: 

 

 Exhibit A. DD Form 149, dated 12 May 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 8 June 2011, w/atchs. 

 Exhibit C. Letters, SAF/GCM, dated 18 October 2006 and 

 SAF/MRB dated 27 January 2009. 

 Exhibit D. Letter, AFBCMR, dated 25 January 2012. 

 Exhibit E. Letter, Current Spouse, not dated, w/atch. 

 

 

 

 



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