RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04466 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her former spouse’s records be corrected to show he made a 
timely election for former spouse coverage under the Survivor 
Benefit Plan (SBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

SBP premium payments were made on her behalf by her former 
spouse in accordance with their divorce decree dated 17 Dec 
2002. Former spouse designation was not made within one year 
as required; however, she is requesting that this designation 
be changed due to her former spouse’s terminal illness. 

 

SBP premium payments were made prior to and after their divorce 
in 2002. She is the legal beneficiary of this insurance and 
respectfully requests the Board make the appropriations to 
insure SBP payments be made to her in accordance with the 
agreement set forth in the divorce paper decree, dated 17 Dec 
2002 and her former spouse’s wishes. 

 

She was initially made aware of this error in 2009. At that 
time, she asked her former spouse to make the necessary 
corrections. She was under the impression this error had been 
corrected, but received confirmation on 1 Nov 2011 from the 
Defense Finance and Accounting Service (DFAS) that it had not 
been corrected. 

 

In support of her request the applicant provides copies of her 
marriage license, divorce decree, doctor's letter, and 
electronic communiqués between her former spouse and herself. 

 

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

 

_______________________________________________________________ 

 


STATEMENT OF FACTS: 

 

The member and the applicant were married on 10 Nov 1961, and 
he elected spouse and child SBP coverage based on full retired 
pay prior to his 1 Jun 1987 retirement. There were no eligible 
children effective 1 Jul 1992. The parties divorced 13 Dec 
2002. The divorce decree contained the member's agreement to 
pay for the "spousal benefit insurance." There is no evidence 
that either party submitted an election to change spouse 
coverage to former spouse coverage within the first year 
following their divorce. However, the member did not request 
the applicant be removed as his SBP spouse beneficiary and 
monthly premiums continued to be deducted from his retired pay 
until his 3 Nov 2011 death. The member's SBP information 
maintained in the retired pay system continues to reflect the 
applicant's name and date of birth (7 Nov 1943) as the eligible 
spouse beneficiary. The member re-married on 25 Feb 2003. By 
law, his current spouse became the eligible spouse beneficiary 
on the first anniversary of their marriage. There is no 
indication his current spouse has submitted a claim for payment 
of the $1,770 monthly SBP annuity. 

 

_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIAR states that based on AFBCMR guidance, dated 
18 Mar 2004, they are forwarding this request without a 
recommendation because it involves two potential SBP 
beneficiaries. The divorce decree contained the member's 
agreement to pay for the "spousal benefit insurance." There is 
no evidence that either party submitted an election to change 
spouse coverage to former spouse coverage within the first year 
following their divorce. However, the member did not request 
the applicant be removed as his SBP spouse beneficiary and 
monthly premiums continued to be deducted from his retired pay 
until his 3 Nov 2011 death. The member's SBP information 
maintained in the retired pay system continues to reflect the 
applicant's name and date of birth as the eligible spouse 
beneficiary. The member remarried on 25 Feb 2003. By law, his 
current spouse became the eligible spouse beneficiary on the 
first anniversary of their marriage. There is no indication 
his widow has submitted a claim for payment of the $1,770 
monthly SBP annuity. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 


In accordance with the SAF/GCM Legal Opinion on similar cases 
considered by the Board, the Board has been advised that it 
should not consider cases involving disputed claims unless a 
court of competent jurisdiction has ruled on the case or pushes 
the AFBCMR to make a determination in the case. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

She and her deceased former spouse were married on 10 Nov 
1961 and divorced on 13 Dec 2002. The applicant provided a 
sworn affidavit which states in part that their divorce 
judgment and agreement included a provision that her former 
spouse continue payments for the spousal benefit insurance. 
These payments continued until the time of his death on 3 Nov 
2011. She continues to be reflected as the SBP beneficiary. 
Her former spouse should have submitted an election to change 
her status from spouse to former spouse within the first year 
following their divorce. However, neither she nor her former 
spouse was aware of this requirement until 2009. 

 

Her former spouse has maintained, via telephone conversations 
and email correspondence, that he intended for her to receive 
the SBP and she would never be replaced as the eligible spouse 
beneficiary. She has not married since their divorce and is 
not presently married. 

 

Her complete response, with attachments, is at Exhibit E. 

 

_______________________________________________________________ 

 

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/CGM Legal opinion and 
adopt its rationale as the basis for our conclusion the 
applicant has not demonstrated that the 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 the 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. If the 
deceased member’s widow provides a notarized statement 
relinquishing her potential entitlement to the SBP annuity, the 
Board may be willing to reconsider the applicant’s appeal in 
consideration of the new evidence. Otherwise, the applicant’s 
only recourse is to return to a court of law to have the issue 
decided. Therefore, in the absence of persuasive evidence to 
the contrary, we find no compelling basis to recommend granting 
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 this application 
in Executive Session on 6 Sep 2012, under the provisions of AFI 
36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-04466: 

 

 Exhibit A. DD Form 149, dated 2 Nov 2011, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 15 Dec 2012 

 Exhibit C. Letter, SAF/MRBR, dated 29 Dec 2012. 

 Exhibit D. Letter, SAF/GCM, dated 16 Oct 2006. 

 Exhibit E. Letter, SAF/MRBC, dated 16 Aug 2012. 

 Exhibit F. Letter, Applicant, dated 28 Aug 2011 w/ atchs. 

 

 

 

 

 
Panel Chair