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AF | BCMR | CY2012 | BC-2012-00130
Original file (BC-2012-00130.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

  DOCKET NUMBER:  BC-2012-00130 
  COUNSEL:  NONE 
  HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
 
    
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her  former  spouse’s  records  be  corrected  to  reflect  he  made  a 
timely  election  for  former  spouse  coverage  under  the  Survivor 
Benefit Plan (SBP). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
She nor her former spouse’s attorneys were aware of or informed 
them of the requirement to submit an election for former spouse 
coverage within one year following their divorce. 
 
In support of her request, the applicant provides a copy of her 
divorce decree. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The service member and applicant were married.  On 5 Jan 09, the 
service member with the assistance of a personnelist at the Air 
National  Guard  (ANG)  unit  completed  an  election  for  SBP  spouse 
coverage.  The parties divorced on 26 Jan 09.  The service member 
failed  to  change  the  SBP  spouse  coverage  to  former  spouse 
coverage prior to his 1 Feb 09 retirement.  There is no evidence 
the Defense Finance and Accounting Service – Cleveland (DFAS-CL) 
was notified of the change in service member’s marital status and 
honored his election to establish spouse coverage.  There is no 
evidence  the  applicant  submitted  an  election  for  former  spouse 
coverage within a year following the divorce. 
 
On  19  Sep  12,  the  Board  staff  requested  the  applicant  provide 
documentary  evidence  of  her  current  marital  status.    The 
applicant  provided  a  notarized  statement  indicating  she  has  not 
remarried  and  is  unaware  of  her  former  spouse’s  current  marital 
status. 
 

On 1 Oct 12, the Board staff requested the former service member 
provide  documentary  evidence  of  his  current  marital  status.    As 
of this date, no response has been received by this office. 
 
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 B. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIAR notes there is no evidence of an Air Force error and 
absent evidence of a competing spouse recommends the election for 
spouse  coverage  be  voided  and  former  spouse  coverage  be 
established on the applicant’s behalf.   
 
The complete AFPC/DPSIAR evaluation is at Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to applicant on 
29 Feb 12 for review and comment within 30 days (Exhibit C).  As 
of this date, no response has been received by this office. 
 
_________________________________________________________________ 
 
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 note, the 
Air  Force  office  of  primary  responsibility  recommended  that 
relief  be  granted  absent  evidence  of  a  competing  spouse.  
Although,  the  applicant  has  provided  evidence  in  the  form  of  a 
notarized statement indicating she has not remarried, we have not 
received  evidence  of  whether  the  former  service  member  has 
remarried.    As  such,  at  this  time,  we  must  deny  the  requested 
relief  as  the  potential  exists  for  there  to  be  a  competing 
spouse.  This Board has long been advised by legal counsel that 
it should not, except in the most extraordinary of circumstances, 
award  a  benefit  to  an  applicant  when  it  involves  taking  or 
depriving another of the benefit.  Should the applicant be able 
to provide conclusive evidence there is no competing spouse, we 
would be willing to review her request again.  However, based on 

 

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the  above,  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 a material 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-2012-00130 in Executive Session on 25 Oct 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
 
 
 
 
 
 
 
 
 
 
 
 

Exhibit A. DD Form 149, dated 9 Jan 12, w/atchs. 
Exhibit B. Letter, AFPC/DPSIAR, dated 9 Feb 12. 
Exhibit C. Letter, SAF/MRBR, dated 29 Feb 12. 
Exhibit D. Letter, AFBCMR, dated 19 Sep 12, w/atch. 
Exhibit E. Letter, Applicant, dated 27 Sep 12. 
Exhibit F. Letter, AFBCMR, dated 1 Oct 12. 

  Panel Chair 
  Member 
  Member 

 
Panel Chair  

 
 

   
   

 
 

 

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