RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 DOCKET NUMBER: BC-2012-01099 
IN THE MATTER OF: 
 COUNSEL: NONE 
  (MEMBER)  
  (APPLICANT) 
 HEARING DESIRED: NOT INDICATED 
 
________________________________________________________________ 
 
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: 
 
Her  divorce  decree  awarded  her  the  opportunity  for  SBP  or  life 
insurance. 
 
Her  former  spouse  did  not  fulfill  his  obligation  for  the  life 
insurance; therefore, he was supposed to initiate paperwork for 
her to become the SBP beneficiary. 
 
In  support  of  her  request,  the  applicant  provides  a  personal 
statement,  copies  of  her  Decree  of  Dissolution  of  Marriage, 
letters from her insurance company, and various other documents 
associated with her request. 
 
Her 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  Office  of  Primary  Responsibility  (OPR).  Accordingly, 
there  is  no  need  to  recite  these  facts  in  this  Record  of 
Proceedings. 
 
_______________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIAR  recommends  approval.    DPSIAR  states  the  applicant 
provided  a  copy  of  a  letter  from  her  insurance  company  stating 
that because the member failed to comply with the underwriter's 
request  for  additional  information,  no  policy  was  placed  in 
force.  Upon learning insurance coverage was not purchased, she 
attempted 
coverage.  
Unfortunately, the time provided by the laws controlling the SBP 

claim 

SBP 

to 

establish 

her 

to 

 

 

 

during  which  a  former  spouse  may  deem  an  SBP  election  had 
expired.    Since  the  member's  current  spouse  concurred  in  the 
election  for  child  only  SBP  coverage,  she  is  not  a  competing 
claimant.  To deny the applicant’s request would be to deny her 
a benefit awarded to her by the court. 
 
There is no evidence of Air Force error in this case; however, 
in  the  interest  of  justice  and  absent  a  competing  claimant, 
DPSIAR recommends the member's record be corrected to show that 
his  former  spouse  submitted  a  valid  request  that  former  spouse 
SBP coverage based on full retired pay was deemed on her behalf 
effective  1  Jun  2008.    Correction  should  be  contingent  upon 
recovery of appropriate retroactive costs. 
 
The complete DPSIAR evaluation, with attachments, is at Exhibit 
B. 
 
_______________________________________________________________ 
 
MEMBER’S REVIEW OF AIR FORCE EVALUATION: 
 
His former spouse made no attempt to initiate a deemed election 
for  SBP  within  the  first  12  months  as  instructions  dictate.  
Their  divorce  decree  states,  "The  Respondent  shall  have  the 
right to waive her interest in said SBP and shall be permitted 
to  obtain  other  insurance  coverage  on  the  Petitioner's  life.” 
She  said  she  would  obtain  other  insurance  prior  to  his 
retirement due to the out of pocket cost to her. 
 
She exercised her right and waived her interest for SBP.  In Aug 
2009,  he  completed  the  life  insurance  application  and  provided 
all  "release  of  information"  forms  required  by  the  insurance 
company.  He was not aware he was required to provide additional 
information  to  the  underwriters  until  he  received  the  DPSIAR 
advisory dated, 19 Apr 2012.  In late 2009, his insurance agent 
informed  him  of  problems  obtaining  medical  information  through 
the military medical system and the Veterans Administration. 
 
The Board is not the legal or moral place to take action in this 
matter.    The  divorce  decree  and  the  ruling  of  the  judge  are 
quite  clear  on  who  will  maintain  jurisdiction  to  enforce  this 
matter.  
 
His  former  spouse  did  not  exhaust  all  administrative  remedies, 
nor did she file within three years.  She should have notified 
him  of  any  problems,  contacted  other  insurance  companies,  or 
filed  contempt  of  court  proceedings.    Furthermore,  this  "civil 
matter" dictates "due process"; which starts at the civil court 
level. 
 
The  divorce  decree  states  the  cost  of  SBP  will  be  paid  by  his 
former  spouse;  however,  he  would  end  up  paying  for  it  and,  in 
turn,  it  would  be  very  difficult  to  receive  repayment  for  the 
monthly premiums from his former spouse. 

 

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The Board taking action before a judicial ruling and due process 
by the court which has retained jurisdiction in this case would 
be an injustice and violate his rights.  
 
The member’s complete response, with attachments, is at Exhibit 
D. 
 
_______________________________________________________________ 
 
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 
 
On 20 Dec 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (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 note the 
OPR recommends approval, stating to deny the applicant's request 
would deny her a benefit awarded to her by the court.  However, 
we  note  the  former  member  takes  issue  with  the  OPR’s 
recommendation, noting the divorce decree states the cost of SBP 
will  be  paid  by  the  applicant.    However,  correcting  the  record 
in the matter recommended by the OPR will actually result in the 
former  member  paying  the  SBP,  rather  than  the  applicant,  which 
would  be  inconsistent  with  the  divorce  decree.  In  cases 
involving  competing  interests,  this  Board  has  been  advised  by 
USAF/JAA that this Board should not consider such cases unless a 
court of competent jurisdiction has ruled in the case or remands 
the case to the Board to make a determination.    In view of the 
above  and  in  the  absence  of  evidence  to  the  contrary,  we  find 
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 

 

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  Panel Chair 
  Member 
  Member 

submission of newly discovered relevant evidence not considered 
with this application. 
 
_______________________________________________________________ 
 
The  following  members  of  the  Board  considered  this  application 
in Executive Session on 16 Jan 2013 AND 29 Jan 2013, under the 
provisions of AFI 36-2603: 
 
 
 
 
The following documentary evidence was considered in AFBCMR BC-
2012-01099: 
 
    Exhibit A.  DD Form 149, dated 24 Mar 2012, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSIAR, dated 19 Apr 2012. 
    Exhibit C.  Letter, SAF/MRBR, dated 1 May 2012. 
    Exhibit D.  Letter, Member, dated 3 May 2012, w/atchs. 
    Exhibit E.  Letter, SAF/MRBC, dated 20 Dec 2012. 
 
 
 
 
 
 

Panel Chair 

  
  

 
 

 
 

  
 

 
 

 
 

 

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