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AF | BCMR | CY2011 | BC-2011-02150
Original file (BC-2011-02150.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: 

 DOCKET NUMBER: BC-2011-02150 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was awarded the SBP in her divorce decree. 

 

In support of the applicant’s appeal, she provides a personal 
statement, a copy of a death certificate and divorce decree. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant and the decedent were married on 2 July 1965 and he 
elected spouse only SBP coverage based on a reduced level of 
retired pay prior to his 1 May 1990 retirement. They divorced on 
27 May 1992. 

 

The decedent married his second spouse on 5 December 1992. On 
18 February 1997, the decedent requested that the Defense Finance 
and Accounting Service – Cleveland Center (DFAS-CL) remove the 
applicant and add his second spouse to the plan. 

 

The decedent died on 17 August 2009. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR makes no recommendation. DPSIAR states the 
applicant’s divorce decree ordered the former service member to 
maintain the SBP connected to his military retired pay for the 
benefit of the applicant. However, neither party submitted a 
valid election within one year of their divorce. The former 


service member’s widow is currently receiving a monthly SBP 
annuity of $332. 

 

The DPSIAR complete evaluation is at Exhibit B. 

 

The applicant was provided an advisory (Exhibit C) prepared by 
SAF/GCM on similar cases considered by the Board. The Board has 
been advised that it can consider cases involving potential 
claims by more than one spouse or former spouse if there is 
evidence that the member or former spouse timely notified the 
Government within one year after the divorce was final, or if 
there are extraordinary circumstances that would justify 
correction of the record. For example, extraordinary 
circumstances might exist if the current spouse signs a notarized 
affidavit saying she waives her potential claim to the survivor 
benefits in favor of complying with the member’s obligations 
under the divorce agreement. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 18 May 2012, copies of the Air Force evaluations were 
forwarded to the applicant for review and response within 30 days 
(Exhibit E). As of this date, no response has been received by 
this office. 

 

_________________________________________________________________ 

 

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. The 
applicant has not demonstrated that extraordinary circumstances 
exist that are required for this Board to grant relief in cases 
of competing SBP beneficiaries. We took notice of the 
applicant’s complete submission in judging the merits of the 
case. We do not take issue with the applicant’s assertion that 
the Court, in the divorce decree, ordered the late former service 
member to continue coverage for her under SBP. In violation of 
the Court’s order, he failed to convert the coverage to former 
spouse coverage within one year of their divorce as required by 
law. The applicant indicated she was never informed that she had 
to follow-up on this matter after their divorce. It was not 
until her former husband’s death that she was informed by 
personnel at Offutt Air Force Base that the payment allocation 
change had been made from her to her former spouse’s widow. In 


the absence of evidence that there was a “deemed election” by the 
former service member within one year after the divorce, the 
Board assumes the former service member’s widow gained 
entitlement to the benefit by operation of law. Since the 
applicant has failed to demonstrate that extraordinary 
circumstances exist that would justify correction of the record 
by this Board, we find no basis to recommend granting the 
requested relief. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2011-02150 in Executive Session on 15 August 2012, 
under the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02150 was considered: 

 

 Exhibit A. DD Form 149, dated 4 June 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 20 July 2011. 

 Exhibit C. Letter, SAF/GCM, dated 18 October 2006. 

 Exhibit D. Letter, SAF/MRBR, dated 18 May 2012. 

 

 

 

 

 

 



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