AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 

 
 

 

 

 
 

DOCKET NUMBER: BC-2012-01572 
COUNSEL: NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
      
   
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
Her  late  husband’s  record  be  corrected  to  terminate  the  former 
spouse coverage under the Survivor Benefit Plan (SBP).   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
Her  late  husband  paid  SBP  premiums  for  his  former  spouse’s  SBP 
coverage from January 1996 to June 2004, even though the former 
spouse remarried in September 2003 before her 55th birthday.   
 
In  support  of  her  appeal,  the  applicant  provides  a  personal 
statement, and  copies of a Afterburner news article, decedent’s 
request to the Defense Finance and Accounting Service (DFAS) to 
terminate  his  former  spouse’s  SBP  benefits  and  start  full 
coverage  on  his  current  spouse,  marriage  certificate,  divorce 
decree, court documents concerning changing SBP benefits, and a 
death certificate .   
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  member  (decedent)  and  his  former  spouse  married  on 
20 December  1980,  and  divorced  on  2  June  1995.    However,  the 
decedent did not provide a certified copy of the divorce decree 
to  DFAS.    The  applicant  and  the  decedent  married  on  19  August 
1995. The decedent retired effective 1 January 1996, and elected 
former spouse and child SBP coverage based on full retired pay.  
The  decedent’s  petition  to  terminate  his  former  spouse’s 
entitlement to a portion of his retired pay and former spouse SBP 
coverage  because  she  had  remarried  was  granted  by  the  court  on 
8 March  2004.    On  24  March  2004,  the  decedent  sent  a  written 
request to DFAS to implement these adjustments, and to start full 
SBP coverage on the applicant’s behalf.  DFAS stopped his former 
spouse’s division of the decedent’s retired pay, but suspended – 
not terminated – her SBP coverage because Title 10, United States 
Code, Section 1450(b)(3), restores a former spouse’s eligibility 

when  the  disqualifying  marriage  ends.    The  decedent  died  on 
5 January 2012.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIAR  does  not  provide  a  recommendation  per  AFBCMR 
direction  because  the  appeal  involves  two  potential  SBP 
beneficiaries.   
 
The complete DFAS evaluation is at Exhibit B.   
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on 25 June 2012, for review and comment within 30 days (Exhibit 
C).  As of this date, this office has received no response. 
 
_________________________________________________________________ 
 
SAF/MRB LEGAL ADVISOR EVALUATION: 
 
The SAF/MRB Legal Advisor recommends denial.  The SAF/MRB Legal 
Advisor states that although this case seems to be different from 
the  standard  competing  spouse  case  because  the  former  spouse 
remarried  before  age  55,  the  controlling  opinion  from  SAF/GC 
still  applies.    Under  Title  10  United  States  Code,  Section 
1450(b)(3),  if  a  former  spouse  who  married  before  age  55  later 
becomes unmarried due to death, annulment, or divorce, payment of 
the suspended annuity to that former spouse resumes.  Therefore, 
since  the  former  spouse  remains  as  a  potential  SBP  beneficiary 
under the law, it would be inconsistent with the SAF/GC guidance 
to take away the former spouse’s potential SBP benefit out of a 
desire to reach an equitable outcome for the applicant.   
 
The complete BCMR Legal Advisor’s evaluation, with attachment, is 
at Exhibit D.   
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF SAF/MRB LEGAL ADVISOR’S EVALUATIONS: 
 
A copy of the SAF/MRB Legal Advisor’s evaluation was forwarded to 
the applicant on 4 December 2012, for review and comment within 
30 days (Exhibit E).  As of this date, this office has received 
no response. 
 
_________________________________________________________________ 
 

 

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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.  We took notice 
of the applicant’s complete submission in judging the merits of 
this case; however, we agree with the opinion and recommendation 
of BCMR Legal Advisor and adopt his rationale as the basis for 
our  decision  that  the  applicant  has  not  been  the  victim  of  an 
error  or  injustice.    Although  the  applicant  claims  she  is 
entitled  to  SBP  benefits  as  a  result  of  the  former  spouse’s 
remarriage  before  her  55th  birthday,  we  note  that  the  former 
spouse remains a potential beneficiary under the law and it would 
be  inconsistent  with  pertinent  legal  guidance  to  take  away  her 
potential  SBP  benefit,  absent  a  notarized  statement  from  her, 
relinquishing  all  rights  to  any  future,  potential  benefit.  
Accordingly,  we  find  no  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 
submission  of newly discovered relevant evidence not considered 
with this application. 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01572  in  Executive  Session  on  29  January  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 

, Panel Chair 
, Member 
, Member 

 
 
 
 

 
 
 

 

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Exhibit A.  DD Form 149, dated 3 Apr 12, w/atchs. 
Exhibit B.  Letter, AFPC/DPSIAR, dated 14 Jun 12. 
Exhibit C.  Letter, SAF/MRBR, dated 25 Jun 12. 
Exhibit D.  Letter, SAF/MRB Legal Advisor, dated 15 Nov 12, 
Exhibit E.  Letter, AFBCMR, dated 4 Dec 12, w/atch. 

The  following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2012-01572: 
 
 
 
 
 
                w/atch. 
 
 
 
 
 
 
 

 
Panel Chair 

  

 

 
 

 
 

 
 

 
 

 

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