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 spouses 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 members 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 members retired pay records erroneously
reflect the applicants 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 members 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 members 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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