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AF | BCMR | CY2011 | BC-2011-01836
Original file (BC-2011-01836.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01836 

 

 (MEMBER) COUNSEL: NONE 

 

 (APPLICANT) HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased former husband’s records be corrected to reflect 
that he elected former spouse coverage under the Reserve 
Component Survivor Benefit Plan (RCSBP), naming herself as the 
beneficiary. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her former husband violated their divorce decree by not providing 
former spouse coverage under the RCSBP and naming her as the 
beneficiary. She received a portion of her deceased former 
husband’s retirement pay until his death. She believed that he 
was in compliance with their divorce decree until the Defense 
Finance and Accounting Service (DFAS) notified her that her 
entitlements had been discontinued after her former husband’s 
death. 

 

In support of the appeal, the applicant provides copies of a 
Certificate of Death and a Separation Agreement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The former member retired on 30 Jun 99. He did not elect 
coverage under the RCSBP prior to his retirement at age 60. At 
the time of his retirement, he did elect Survivor Benefit Plan 
(SBP) coverage for a person with an insurable interest in him. 
On 1 Aug 00 he requested to withdraw from SBP. The former member 
passed away on 26 Jun 06. 

 


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: 

 

DFAS recommends denial. The former member and the applicant were 
divorced on 3 Jul 96. The separation agreement and the amended 
qualified domestic relations order provided by the applicant are 
not enforceable documents to award the applicant an annuity under 
the RCSBP or SBP. The divorce decree/court order must 
specifically require the member to provide the former spouse 
coverage under either program. 

 

Since their separation agreement and amended qualified domestic 
relations order did not require the former member to provide SBP 
coverage for his former spouse, the applicant is not entitled to 
an annuity under the SBP. According to the court order, she was 
entitled to 50 percent of his disposable retired pay which she 
did receive until his death. 

 

The complete DFAS evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 8 Jul 11 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit C). 

 

_________________________________________________________________ 

 

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, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of 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-2011-01836 in Executive Session on 19 Jan 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 11 May 11, w/atchs. 

 Exhibit B. Letter, DFAS, dated 24 Jun 11. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Jul 11. 

 

 

 

 

 

 Panel Chair 

 

 



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