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AF | BCMR | CY2011 | BC-2011-03169
Original file (BC-2011-03169.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03169 

 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 did not know she was to inform authorities of her divorce to 
be eligible for SBP. 

 

In support of her request, the applicant submits a copy of her 
divorce decree, dissolution of marriage and death certificate. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The decedent and his former spouse were married on 24 July 
1950 and he elected spouse only SBP coverage prior to his 1 April 
1977 retirement. 

 

They divorced on 15 July 1997. 

 

The decedent married his second spouse on 23 August 2001 and he 
did not request that the Defense Finance and Accounting Service - 
Cleveland Center (DAFS-CL) establish SBP coverage on her behalf. 

 

The decedent died on 22 July 2011. 

 

_________________________________________________________________ 

 

 

 

 

 

 

AIR FORCE EVALUATION: 


 

AFPC/DPSIAR makes no recommendation. DPSIAR states the applicant 
and the former service member’s divorce decree indicates the 
member agreed to retain the applicant as the irrevocable SBP 
beneficiary. There is no evidence either party submitted a valid 
former spouse election during the required time following their 
divorce. 

 

The former service member’s retired pay records erroneously 
reflect the applicant’s name and her date of birth (5 April 1933) 
as the eligible spouse beneficiary. SBP premiums were deducted 
from his retired pay until 1 October 2008, when the paid-up SBP 
provision became effective. The service member’s widow is 
currently receiving a monthly SBP annuity of $574.00. 

 

The DPSIAR complete evaluation is at Exhibit B. 

 

On 26 March 2012, 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 26 March 2012, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

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 an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 


and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain her burden of proof of the 
existence of an 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 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-2011-03169 in Executive Session on 8 May 2012, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-03169 was considered: 

 

 Exhibit A. DD Form 149, dated 10 August 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 22 September 2011. 

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

 Exhibit D. Letter, AFBCMR, dated 26 March 2012. 

 

 

 

 

 

 



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