AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
DOCKET NUMBER:  BC-2012-00454 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

IN THE MATTER OF: 
 
   
   
 
_________________________________________________________________ 
 
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: 
 
Her  former  spouse  had  a  legal  obligation  to  continue  payment 
through the SBP based upon their divorce decree. 
 
In  support  of  the  applicant’s  appeal,  she  provides  a  personal 
statement, a copy of a marriage certificate, death certificate, 
divorce decree, and other documentation. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  and  the  decedent  married  on  20  August  1963  and 
divorced on 20 March 1991. 
 
The  Defense  Enrollment  Eligibility  Reporting  System  (DEERS) 
reflects  the  decedent  married  his  second  spouse  on  5  December 
1992 and divorced on 3 June 1993. 
 
The decedent married his third spouse on 17 January 1997. 
 
The decedent died on 16 November 2011. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIAR makes no recommendation.  DPSIAR states the applicant 
provided  a  copy  of  the  service  member’s  AF  Form  694,  Data  for 
Payment of Retired Air Force Personnel, also used to obtain the 
member’s SBP election.  This document and microfiche records from 
the Air Force Accounting and Finance Center (AFAFC) reflect the 
 
 

service  member  failed  to  make  an  SBP  election  prior  to  his 
1 April  1990  retirement.    To  comply  with  federal  law,  AFAFC 
established spouse coverage based on full retired pay under the 
SBP, updated the applicant’s date of birth as the eligible spouse 
beneficiary  and  began  deducting  premiums  from  the  service 
member’s retired pay.  The applicant’s divorce decree ordered the 
former  service  member  to  maintain  the  applicant  as  the 
irrevocable beneficiary under his “Military Survivorship Benefit 
Plan.”    SBP  premiums  were  no  longer  deducted  from  the  service 
member’s  retired  pay  following  AFAFC  receipt  of  their  divorce 
decree.  His third spouse became the eligible spouse beneficiary 
on  the  first  anniversary  of  their  marriage,  even  though  the 
service  member  did  not  notify  the  finance  center  of  his 
remarriage.    There  is  no  indication  she  applied  for  payment  of 
the SBP annuity. 
 
The DPSIAR complete evaluation is at Exhibit B. 
 
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: 
 
The  applicant  states  she  never  signed  or  received  anything 
regarding SBP.  She thought according to her divorce decree she 
was protected financially.  While waiting for this decision she 
has been living off of her savings to pay bills.  If she had any 
idea that her SBP was not filed 21 years ago, she would not have 
retired.  She is in financial distress. 
 
The applicant’s complete response 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.    The 
applicant  has  not  demonstrated  that  extraordinary  circumstances 
exist  as  required  for  this  Board  to  grant  relief  in  cases  of 
competing SBP beneficiaries.  We took notice of the applicant’s 
complete submission in judging the merits of the case.  While we 
note the divorce decree awarded the applicant continued coverage 
under  SBP,  neither  she  nor  the  former  member  made  a  deemed 
election within one year as required by law.  Since it appears 
the  former  service  member’s  third  spouse  gained  entitlement  to 
the benefit by operation of law, and there has been no showing of 
extraordinary  circumstances,  we  are  precluded  from  granting  the 
applicant the SBP benefit.  Therefore, unless proof of a timely 
election  of  former  spouse  coverage  is  provided  or  the  third 
spouse  relinquishes  her  entitlement,  we  find  no  basis  to  grant 
the applicant’s request.  
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered. 
 
_________________________________________________________________ 
 
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-2012-00454  in  Executive  Session  on  27  November  2012, 
under the provisions of AFI 36-2603: 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00454 was considered: 
 
  Exhibit A.  DD Form 149, dated 2 February 2012, w/atchs. 
  Exhibit B.  Letter, AFPC/DPSIAR, dated 12 March 2012. 
  Exhibit C.  Letter, SAF/GCM, dated 18 October 2006. 
  Exhibit D.  Letter, AFBCMR, dated 13 November 2012. 
  Exhibit E.  Letter, Applicant, dated 23 November 2012. 
 
 
 
 

 

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