RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02752 

 COUNSEL: 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The decedent made an agreement with her to allocate their 
assets and divide their property as a result of their 9 Apr 
2009 divorce. As a part of that agreement, both parties 
consented to keep each other as beneficiaries on their death 
benefits. 

 

In support of her request, the applicant provides a personal 
statement, copies of the decedent’s death certificate, informal 
agreement between the applicant and the decedent, email 
communiqué, Employee Actuarial Information, DD Form 1173, Identification and Privilege Card, and a letter from her 
attorney. 

 

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

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends approval. DPSIAR states the Defense 
Enrollment Eligibility Reporting System (DEERS) records show 
the applicant and the member were married on 24 Oct 1981. The 
member elected spouse and child SBP coverage based on full 
retired pay prior to his 1 Mar 2001 retirement. The parties 
divorced on 9 Apr 2009; however, there was not a formal 
separation agreement or division of property settlement, and 


the divorce decree did not address the SBP. There is no 
evidence the member submitted a valid election to voluntarily 
change spouse to former spouse coverage within the first year 
following their divorce as the law requires. The youngest 
child lost eligibility due to age effective 1 Jul 2011. 
Defense Finance and Accounting Service-Cleveland Center (DFAS-
CL) records continued to reflect the applicant's name and date 
of birth as the eligible spouse beneficiary and SBP premiums 
were deducted from the member's retired pay until his 13 Apr 
2012 death. There is no evidence either party remarried, and 
accordingly there is no competing claimant. 

 

A person's eligibility to receive a spouse SBP annuity 
terminates upon divorce. However, the law provides two 
mechanisms for changing spouse coverage to former spouse 
coverage. Both must be exercised within the first year 
following divorce: (1) the retiree may file an election 
change, or (2) the former spouse may request the retiree be 
deemed to have made such a change on his or her behalf. In 
the latter case, the former spouse must provide legal 
documentation the member agreed, or the court ordered the 
member, to establish former spouse coverage. If neither the 
member nor the former spouse requests the election change 
during the one year eligibility period, former spouse 
coverage may not be established thereafter. Even though a 
member fails to notify DFAS-CL of the divorce and continues 
to pay SBP premiums afterwards, the former spouse is not 
eligible for annuity payments upon the member's death. 

 

The member did not request coverage for his former spouse be 
terminated and the fact that SBP premiums were deducted from 
his retired pay for over three years following their divorce 
are indicative of his intent to maintain the applicant as the 
eligible SBP beneficiary. There is no evidence of Air Force 
error in this case and absent a competing claimant, DPSIAR 
recommends the member's record be corrected to reflect on 
10 Apr 2009, he elected to change SBP spouse to former spouse 
coverage based on full retired pay, naming the applicant as 
the former spouse beneficiary. Approval should be contingent 
upon recovery of any applicable premiums. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 11 Sep 2012, a copy of the Air Force evaluation was 
forwarded to the member for review and comment within 30 days. 
To date, a response has not been received (Exhibit C). 

 

_______________________________________________________________ 

 


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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. There is no 
evidence of Air Force error; however, to preclude an injustice, 
we agree with AFPC/DPSIAR’s recommendation that the member’s 
records should be corrected to reflect that he made a valid 
election based on full retired pay effective 10 Apr 2009, 
naming his former spouse as the eligible former spouse 
beneficiary. Accordingly, we recommend the applicant’s 
records be corrected as set forth below. 

 

_______________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to MEMBER, be corrected to show that on 10 Apr 
2009, he elected former spouse coverage under the SBP, based 
on full retired pay, naming his former spouse as the eligible 
beneficiary. 

 

_______________________________________________________________ 

 

The following members of the Board considered this application 
in Executive Session on 12 Feb 2013, under the provisions of 
AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered in AFBCMR BC-
2012-02752: 

 

 Exhibit A. DD Form 149, dated 22 Jun 2012, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 30 Aug 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 11 Sep 2012. 

 

 

 

 

 

 Panel Chair 

 

 


AFBCMR BC-2012-02752 

 

 

 

 

MEMORANDUM FOR THE CHIEF OF STAFF 

 

Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code, it is directed that: 

 

The pertinent military records of the Department of the Air Force relating to 
APPLICANT be corrected to show that on 10 April 2009, he elected former spouse coverage 
under the Survivor Benefit Plan, based on full retired pay, naming XXXXXXX as the eligible 
beneficiary. 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency