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AF | BCMR | CY2012 | BC-2012-03646
Original file (BC-2012-03646.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03646 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

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: 

 

Their separation agreement, which was incorporated in the 
divorce decree, states that she will be the beneficiary of the 
SBP until her death. 

 

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, which is attached at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPFFF provides no recommendation, based on the guidance 
from the AFBCMR and since there are two potential SBP 
beneficiaries. A spouse's eligibility to receive an SBP annuity 
terminates upon divorce. However, there are two mechanisms for 
changing spouse coverage to former spouse coverage. The former 
service member may file and election change or the former spouse 
may request the service member be deemed to make an election on 
his or her behalf. One of these actions must be exercised 
within the first year following the divorce. In the latter 
case, the former spouse must provide legal documentation the 
service member agreed, or the court ordered the service member, 
to establish former spouse coverage. If neither party requests 


the election change during the one-year eligibility period, 
former spouse coverage may not be established thereafter. 

 

The microfiche records from the Air Force Accounting and Finance 
Center (AFAFC) reflects the former service member did not elect 
SBP coverage during the Plan’s initial enrollment period. The 
former service member elected spouse only SBP coverage based on 
full retired pay during an authorized open enrollment period 
(1 Oct 81 to 30 Sep 82). The parties' divorced on 3 Dec 87 and 
the final decree does not specifically refer to the SBP. There 
is no record the applicant submitted a valid election to 
establish former spouse SBP coverage within the first year 
following their divorce. The former service member died on 
14 Jul 12. 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflects the service member remarried on 18 Nov 92. There is no 
evidence he notified DFAS-CL of the change in his marital 
status, or request SBP coverage be established on his new 
spouse’s behalf. However, his current spouse became the 
eligible spouse beneficiary on the first anniversary of their 
marriage by operation of law. 

 

A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 1 Oct 12, for review and comment within 30 days. 
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 took 
notice of the applicant’s complete submission in judging the 
merits of the case. The applicant has not provided any evidence 
to reflect she was awarded former spouse coverage by the court. 
She has not provided evidence showing the former service member 
made an election for former spouse coverage within one year of 
their divorce as required by law. Nor, has she provided 
evidence to show she requested a deemed election for former 
spouse coverage within the one-year timeframe. Consequently, 


the former service member’s current spouse gained entitlement to 
the benefit as an operation of law. The applicant has not 
provided any evidence that extraordinary circumstances existed 
that would override the failure of her and the former spouse to 
effect the former spouse coverage and, based on the legal 
guidance the Board has been given, we cannot, except in the most 
extraordinary circumstances, award a benefit to an applicant 
when doing so involves taking or depriving another of said 
benefit. Therefore, in the absence of evidence to the contrary, 
we find no basis to recommend granting the requested relief. 

 

________________________________________________________________ 

 

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-2012-03646 in Executive Session on 17 Jun 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Aug 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 12 Sep 12. 

 Exhibit C. Letter, SAF/MRBR, dated 1 Oct 12. 

 

 

 

 

 

 Panel Chair 

 



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