RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-01845

							COUNSEL:  NONE

							HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be designated the former spouse beneficiary on his former 
wife’s Survivor Benefit Plan (SBP).


APPLICANT CONTENDS THAT:

According to their divorce decree and the court order, his 
former spouse was supposed to elect him as the irrevocable 
beneficiary under the SBP.  He asked his former spouse monthly 
to submit the paperwork and she claimed she did not know how.  
He looked up the information; they filled it out together and 
dropped in into the mail.  He began making monthly calls to the 
Air Force Retiree Center to get documentation showing that it 
was submitted in time.  He was told it had been received but not 
processed to call back and given several different answers and 
eventually told it had not been received at Defense Finance 
Accounting Service (DFAS).   

He then sent a letter to his congressmen to help with the 
resolution.  DFAS provided correspondence stating the Air Force 
could not release the former spouse’s military records due to 
privacy concerns.  It also provided the requirements for a 
deemed election to be valid.  The letter informed the applicant 
that his former spouse supplied documentation on 30 Oct 12 
electing former spouse coverage but the documentation was 
insufficient and the application could not be processed.  The 
former spouse did not send any additional documentation until 
6 Mar 13, which was outside the one-year window.   

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


STATEMENT OF FACTS:

The applicant’s former spouse retired effective 31 Dec 97, in 
the grade of Master Sergeant (E-7).  Prior to her retirement, 
she elected spouse SBP coverage, naming the applicant as the 
beneficiary.  She and the applicant divorced on 23 Feb 12.  
On 14 Jun 14, the AFBCMR staff requested that both the applicant 
and the former military member provide an affidavit confirming 
their current marital status (Exhibits C and D).  

On 14 Jul 14, in response, the former service member indicated 
that she objects to the requested correction to her records 
because the applicant has not fulfilled the terms of the divorce 
decree and, as requested, provided a signed and notarized 
affidavit, dated 7 Jul 14, which indicates that she remarried on 
20 Oct 12 (Exhibit F).

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit E.    


AIR FORCE EVALUATION:

AFPC/DPFFF recommends forwarding the request without 
recommendation because it involves two potential SBP 
beneficiaries.  The applicant and the member were married on 19 
May 93.  She elected spouse only SBP coverage based on full 
retired pay prior to her 1 Jan 98 retirement.  The parties 
divorced on 28 Feb 12, and in the Separation Agreement and 
Parenting Plan, incorporated in the divorce decree, the member 
agreed the applicant would remain as the irrevocable SBP 
beneficiary.  There is no evidence either party submitted a 
valid former spouse election within the first year following 
their divorce as the law requires.  The Defense Enrollment 
Eligibility Reporting System (DEERS) records show the member 
married again on 20 Oct 12, but she did not notify DFAS-
Cleveland Center of the change in her marital status or request 
spouse coverage be established on his behalf.  Her current 
spouse became the eligible SBP beneficiary by operation of the 
law on the first anniversary of their marriage.  

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant and the former server member on 4 Aug 14 for review 
and comment within 30 days (Exhibits G and H).  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 timely filed.
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; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice.  
We note the applicant’s contention that according to their 
Separation Agreement and Parenting Plan, incorporated in the 
divorce decree, the former service member agreed the applicant 
would remain as the irrevocable SBP beneficiary.  However, there 
is no evidence either party submitted a valid former spouse 
election within the first year following their divorce as the 
law requires.  The former service member remarried on 20 Oct 12, 
and her current spouse became the eligible SBP beneficiary by 
operation of the law on the first anniversary of their marriage.  
The AFBCMR has long been advised by legal counsel that it should 
only consider granting cases involving more than one claimant to 
the same benefit when extraordinary circumstances are present 
such as clear and unmistakable evidence that a deemed election 
was made or the current spouse provides a notarized statement 
voluntarily relinquishing their right to the benefit.  There is 
no evidence provided that supports that extraordinary 
circumstances exist in this case.  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-2014-01845 in Executive Session 6 May 15, on under the 
provisions of AFI 36-2603:

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-01845 was considered:

	Exhibit A.  DD Form 149, dated 19 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 14 Jun 14.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Jun 14.
      Exhibit E.  Memorandum, AFPC/DPFFF, dated 25 Jun 14.
      Exhibit F.  Letter, Service Member, dated 7 Jul 14, w/atch.
      Exhibit G.  Letter, SAF/MRBR, dated 14 Aug 14.
      Exhibit H.  Letter, SAF/MRBR, dated 14 Aug 14.