RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02192 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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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). 

 

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APPLICANT CONTENDS THAT: 

 

The current spouse of the decedent is receiving the SBP 
benefit instead of her as directed by the divorce decree. 

 

In support of her request, the applicant provides a copy of 
the SBP election, a copy of the member’s death certificate, 
a copy of the divorce decree and a letter from the member 
to the Defense Finance and Accounting Service (DFAS). 

 

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

 

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STATEMENT OF FACTS: 

 

The service member retired on 1 August 1972. 

 

The service member elected spouse only coverage under the 
SBP at full retirement pay. The applicant and the service 
member divorced on 14 October 1992. In the Agreement 
Incident to Divorce, which was incorporated into the 
divorce decree, the service member agreed to irrevocably 
designate the applicant as the SBP beneficiary. The 
service member died on 26 April 2011. His widow is 
receiving the SBP annuity. 

 

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 C. 

 


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AIR FORCE EVALUATION: 

 

AFPC/DPSIAR does not provide a recommendation per AFBCMR 
guidance because it involves two potential SBP 
beneficiaries. They do note that Defense Enrollment 
Eligibility Reporting System (DEERS) records show the 
member’s spouse at the time of his death is currently 
receiving the SBP monthly annuity as she became the 
eligible beneficiary on the first anniversary of their 
marriage. 

 

The complete DPSIAR evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 15 June 2011 for review and comment within 30 
days. As of this date, this office has received no response 
(Exhibit D). 

 

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ADDITIONAL AIR FORCE EVALUATION: 

 

SAF/MRB Legal Advisor recommends denial. The Legal Advisor 
states if there were not a competing eligible beneficiary, 
he would recommend correcting the record, but there is. He 
would also recommend correcting the record if the current 
spouse gives notarized consent. Absent that consent, there 
are no extraordinary circumstances supporting a correction 
of record that would deprive the member’s current spouse 
benefits to which she is legally entitled. 

 

The complete SAF/MRB Legal Advisor’s evaluation, with 
attachments, is at Exhibit E. 

 

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APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: 

 

The applicant maintains she is the rightful beneficiary of 
her ex-husband’s SBP. She was his wife at the time of his 
SBP election and was designated on the forms. 
Additionally, he was directed by the court to provide her 


this entitlement. Asking her to take legal recourse 
against the current spouse or asking her for consent on 
this matter is not practical. 

 

The applicant’s complete response, with attachment, is at 
Exhibit F. 

 

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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, to include her rebuttal 
response; however, we accept the determination of the 
SAF/MRB Legal Advisor and adopt his rationale as the basis 
for our conclusion the applicant has not demonstrated that 
extraordinary circumstances exist that are 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 
deceased 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 deceased member’s widow 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 deceased member’s widow 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. 

 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2011-02192 in Executive Session on 12 October 
2011, under the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Jun 11, w/atchs. 

 Exhibit B. Master Personnel Record. 

 Exhibit C. Letter, AFPC/DPSIAR, dated 20 Jul 11. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Jun 11. 

 Exhibit E. Letter, SAF/MRBC, dated 7 Sep 11 w/ atchs. 

 Exhibit F. Applicant’s Response, dated 19 Sep 11 
w/atch. 

 

 

 

 

 

 Panel Chair