RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03982 

 

 (FRMR SVC COUNSEL: NONE 

 MEMBER) 

 (APPLICANT) 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 divorce decree ordered her former spouse to retain her as 
the beneficiary to all insurances polices. 

 

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/DPSIAR 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. If the service 
member fails to notify the Defense Finance and Accounting 


Service-Cleveland Center (DFAS-CL) of the divorce and continues 
to pay SBP premiums afterwards, the former spouse is not eligible 
for annuity payments upon the service member's death. 

 

The former service member elected spouse and child SBP coverage 
based on a reduced level of retired pay prior to his 1 Feb 85 
retirement. The parties' divorced on 17 May 88 and the amended 
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 transaction history entries from Air Force 
Accounting and Finance Center (AFAFC) reflect spouse coverage and 
monthly premiums were suspended and division of the member's 
retired pay commenced effective Oct 88. 

 

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflects the service member remarried on 13 Jul 94, but he did 
not notify DFAS-CL of the change in his marital status, or 
request SBP coverage be established on his new spouse’s behalf. 
His current spouse became the eligible spouse beneficiary on the 
first anniversary of their marriage by operation of law. 

The complete AFPC/DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

She was not familiar with the law and regulations of the Air 
Force, or that she needed to request an election be made on her 
behalf. She just assumed her former spouse would abide by the 
court order. She was married to him the entire time he was in 
the military and believes she should receive the annuity. Her 
former spouse received a letter from DFAS while they were still 
married indicating that if he wished to withdraw from SBP he 
should advise his spouse or former spouse of the effects of his 
withdrawal. Her daughter recently informed her that her former 
spouse changed his SBP. She has never signed anything agreeing 
to a change to the SBP. 

 

The applicant’s complete response, with attachment, is at 
Exhibit C. 

 

_________________________________________________________________ 

 

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 any 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 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-2012-03982 in Executive Session on 13 Mar 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03982 was considered: 

 

 Exhibit A. DD Form 149, dated 8 Aug 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 26 Sep 12. 

 Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12. 

 Exhibit D. Letter, Applicant, undated, w/atch. 

 

 

 

 

 

 Panel Chair