Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-01544
Original file (BC-2012-01544.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01544 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be entitled to benefits under the Survivor Benefit Plan 
(SBP). 

 

____________________________________________________________
_____ 

 

APPLICANT CONTENDS THAT: 

 

The former spouse listed on the divorce decree, dated 13 Feb 
07, should be removed from the decedent’s record as the 
eligible beneficiary. 

 

In support of her request, the applicant provides copies of 
a direct deposit form; the deceased member’s divorce decree 
(from former spouse); marriage certificate; personal 
statement, and the deceased member’s death certificate. 

 

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

 

____________________________________________________________
_____ 

 

STATEMENT OF FACTS: 

 

The applicant and the service member were married on 27 Feb 
09. 

 

Other relevant facts pertaining to this application, 
extracted from the applicant’s military records, 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 did not provide a recommendation, based on 
previous guidance by the AFBCMR when the application 
involves two potential SBP beneficiaries. 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflects the decedent and his former spouse were married on 
20 Jun 70. The decedent elected SBP spouse and child 
coverage based on full retired pay prior to his 1 Nov 87 
retirement. The last dependent child lost eligibility 
effective Jun 95. The decedent was divorced on 15 May 07 [nunc pro tunc (now for then) to 13 Feb 07]. Their 26 Sep 06 
petition for dissolution of marriage stated the "husband and 
wife may elect Survivor's Benefit Plan coverage within one 
year of the order entering final judgment of dissolution." 
On 31 Jan 08, the former spouse’s attorney submitted a valid 
request to the Defense Finance and Accounting Service-
Cleveland Center (DFAS-CL) to deem an SBP election on her 
behalf. 

 

The decedent died, on 27 Sep 11, and the former spouse is 
receiving payments of the SBP annuity (approximately $930 
per month). 

 

The DPSIAR evaluation is attached at Exhibit B. 

 

____________________________________________________________
_____ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

In her response, the applicant notes that she was married to 
the decedent for over 23 years, was with him during his 
illness and death. She should be eligible for some benefits 
from the military. Since his death it has been very 
difficult especially with the family finances. 

 

In support of her appeal, the applicant provides several 
letters to support her claim. 

 

The applicant’s complete response, with attachments, is at 
Exhibit D. 

 

_________________________________________________________________ 

 

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 error or injustice. The 
applicant’s response to the Air Force evaluation is noted; 
however, Title 10, United States Code (U.S.C.), Section 
1448, provides two mechanisms for changing spouse coverage 
to former spouse coverage. Both must be exercised within 
the first year following divorce: the retiree may file an 
election change, or the former spouse may request the 
retiree be deemed to have made such a change on his or her 
behalf. The request must be written, signed by the person 
making the election, and received by the Secretary concerned 
within one year after the date of the decree of divorce, 
dissolution, or annulment. Based on the available evidence 
of record and the applicant’s submission, it appears the 
decedent and the applicant were married in Feb 09. 
Subsequent to the divorce of his first spouse, a deemed 
election for former spouse coverage was submitted to DFAS 
and accepted in accordance with the divorce decree and the 
governing law. While we empathize with the applicant, we 
did not find any evidence to establish that she has been the 
victim of an error or injustice. In view of 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 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-2012-01544 in Executive Session on 19 December 
2012, under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Mar 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 21 May 12. 

 Exhibit C. Letter, SAF/MRBR, dated 4 Jun 12. 

 Exhibit D. Letter, dated 10 Jun 12, w/atchs. 

 

 

 

 


 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2013 | BC-2011-04704

    Original file (BC-2011-04704.pdf) Auto-classification: Denied

    He elected spouse and child SBP coverage based on a reduced level of retired pay, and his wife concurred in his election. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 Jan 2012, the applicant requested additional time to provide supplementary evidence in support of her request and her case was administratively closed. In the absence of evidence that there was a “deemed election” by the applicant within one year 3 after the...

  • AF | BCMR | CY2013 | BC 2012 02043

    Original file (BC 2012 02043.txt) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: While married, the member elected spouse and child coverage based on a reduced level of retired pay under the SBP prior to his 1 Jun 73 retirement. There is no record of marriage at the time of his death. While counsel argues the former member never married; the evidence of record, specifically, the death certificate states otherwise.

  • AF | BCMR | CY2010 | BC-2010-04295

    Original file (BC-2010-04295.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04295 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: She be entitled to benefits under the Survivor Benefit Plan (SBP). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIAR did not provide a recommendation. The complete AFRBA Legal Advisor...

  • AF | BCMR | CY2012 | BC-2012-02598

    Original file (BC-2012-02598.txt) Auto-classification: Approved

    There is no evidence of Air Force error in this case; however, absent a competing claimant and to prevent a possible injustice, DPSIAR recommends the member's record be corrected to reflect he elected former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary. 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...

  • AF | BCMR | CY2012 | BC-2012-01857

    Original file (BC-2012-01857.txt) Auto-classification: Approved

    There is no indication the member submitted an election to change spouse coverage to former spouse coverage before 21 May 2005, as required by law. There is no evidence of Air Force error in this case; however, in the interest of justice, DPSIAR recommends the member's record be corrected to show he elected SBP former spouse only coverage based on full retired pay effective 22 May 2004, naming his former spouse as the eligible former spouse beneficiary. ...

  • AF | BCMR | CY2011 | BC-2011-00062

    Original file (BC-2011-00062.txt) Auto-classification: Denied

    She indicates there is no evidence the deceased former member elected former spouse coverage for any of his former spouses. In Dec 92, DFAS received an SBP Open Enrollment Election form from the member requesting to change the applicant’s coverage from spouse to former spouse. A complete copy of the AFRBA Legal Advisor evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant contends...

  • AF | BCMR | CY2007 | BC 2007 03737

    Original file (BC 2007 03737.txt) Auto-classification: Denied

    Even though the SBP was not addressed in the divorce decree, the member could have elected former spouse coverage voluntarily within the first year following the divorce, but failed to do so. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error...

  • AF | BCMR | CY2013 | BC 2013 05676

    Original file (BC 2013 05676.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05676 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be designated the beneficiary for her former spouse’s Survivor’s Benefit Plan (SBP). As such, we find the death certificate provided by the applicant sufficient to conclude that the decedent was not married at the time of his death. ...

  • AF | BCMR | CY2014 | BC 2014 00704

    Original file (BC 2014 00704.txt) Auto-classification: Denied

    He submitted DD Form 1882, for former spouse and child coverage; however, DFAS-CL did not honor the election because it was not received until after the one-year eligibility period. However, while the applicant contends the election for former spouse coverage was made within the required time, no evidence has been provided, to our satisfaction, that she or the deceased former member submitted a valid former spouse election during the first year following their divorce. THE BOARD DETERMINES...

  • AF | BCMR | CY2012 | BC-2012-02752

    Original file (BC-2012-02752.txt) Auto-classification: Approved

    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. 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...