RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03115
COUNSEL: NONE
HEARING DESIRED: NO
_____________________________________________________________
APPLICANT REQUESTS THAT:
She be awarded her former spouses Survivor Benefit Plan
(SBP) annuity.
_____________________________________________________________
APPLICANT CONTENDS THAT:
She was unaware that she had to make a deemed election for
the SBP annuity. Her former spouse told her she could not
receive SBP because he remarried. She later found out that
was untrue. She was under the impression SBP was handled at
the time of retirement and had no idea she needed to make an
election following the divorce.
In support of her request, the applicant provides a copy of
their marriage license and their divorce decree.
The applicant's complete submission, with attachments, is at
Exhibit A.
_____________________________________________________________
STATEMENT OF FACTS:
According to the data extracted from the Air Force advisory,
the applicant and the service member divorced on 8 September
2003. The service member retired on 1 May 2010.
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.
_____________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIAR does not provide a recommendation because the
application involves two potential SBP beneficiaries. There
is no evidence the applicant submitted a request for SBP
coverage on her behalf following the divorce. The records
show the service member remarried on 4 April 2005 and upon
his retirement, he elected spouse with child coverage based
on full retired pay.
The complete DPSIAR evaluation is at Exhibit B.
On 20 January 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 between competing
beneficiaries, unless a court of competent jurisdiction has
ruled in the case or pushes the AFBCMR to make such
determination.
_____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 20 January 2012, for review and comment within
30 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case. This Board has been previously advised
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. The
applicant asserts that the divorce decree issued to her and
the former member awarded her benefits under SBP. However,
she has not provided any evidence that she or the former
member submitted a valid former spouse election during the
first year following their divorce. Further complicating
this case is the fact that after he remarried, the former
member elected coverage for his current spouse and child.
Consequently, this is now a case involving a disputed claim
between two beneficiaries. In our view, the applicants only
recourse is to return to a court of competent jurisdiction to
have the issue decided. Therefore, in the absence of such a
court ruling, we must deny the relief sought in this
application.
_____________________________________________________________
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-2011-03115 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, dated 12 Aug 11, w/atchs.
Exhibit B. Letter, SAF/MRB Legal Advisor, dated
27 Jan 09, w/atchs.
Exhibit C. Letter, AFPC/DPSIAR, dated 30 Sep 11.
Exhibit D. Letter, AFBCMR, dated 20 Jan 12, w/ atchs.
Panel Chair
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