RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03849
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouses records be corrected to establish former
spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was under the impression her former spouse completed the
required paperwork to change the SBP election from spouse to
former spouse.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIAR states that based on guidance by the AFBCMR on
18 Mar 04, they are forwarding the request without a
recommendation because it involves two potential SBP
beneficiaries.
The Defense Enrollment Eligibility Reporting System (DEERS)
records show the applicant and her former spouse were married on
25 Apr 59, and he elected spouse only SBP coverage based on full
retired pay prior to his 1 Oct 74 retirement. The parties
divorced on 9 May 86. DEERS reflects the former service member
re-married on 19 Jul 89, and divorced on 3 Oct 92, and was re-
married again on 8 Feb 03. Each of these spouses became the
eligible beneficiary, by operation of law, on the first
anniversary of their marriages. There is no evidence the former
service member notified either the Air Force Accounting and
Finance Center (AFAFC) or the Defense Finance and Accounting
Service Cleveland Center (DFAS-CL) of the changes in his
marital status. Records from AFAFC and DFAS-CL reflected the
applicants date of birth (14 Nov 37) until the former service
members 14 Mar 12 death was reported to DFAS-CL in Jun 12.
DPSIAR states that when the information was provided for the
death certificate, the son of the former service member reported
he was divorced. However, there is no evidence in DEERS which
reflects the former service member was divorced at the time of
his death.
DPSIAR states that there is no indication the current spouse has
applied for the SBP annuity, approximately $800 per month.
The complete DPSIAR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANTS REVIEW OF THE AIR FORCE EVALUATION:
In response to the Air Force evaluation, the applicant provided
incomplete copies of what appears to be divorce decrees from the
former service members two previous spouses.
The applicants complete submission 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 an injustice. We took notice of
the applicants complete submission in judging the merits of the
case. This Board has been previously advised it should not
consider cases, such as the applicants involving disputed
claims unless a court of competent jurisdiction has ruled in the
case or pushes the AFBCMR to make a determination in the case.
The applicant contends she was under the impression her former
spouse completed the required paperwork to change the SBP
election from spouse to former spouse. Neither the applicant
nor the former spouse made a deemed election within one year as
required by law to establish former spouse coverage. Further
complicating this case is the fact that her former spouses
second and third spouse gained entitlement to the benefit by
operation of law. Additionally, only in the most unique of
circumstances would the Board make a ruling on a case that
involves other claimants to a benefit that only one of them can
receive. However, should his two former spouses submit a
notarized statement relinquishing their entitlement to the SBP;
the Board may be willing to reconsider the applicants appeal in
consideration of this evidence. In view of the above and in the
absence of evidence to the contrary, 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-2012-03849 in Executive Session on 7 May 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Aug 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIAR, dated 25 Sep 12.
Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12.
Exhibit D. Correspondence, Applicant, undated.
Panel Chair
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